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HomeMy WebLinkAbout071201 PC AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Tit e AGENDA CALL TO ORDER: Flag Salute: Roll Call: PUBLIC COMMENTS TEMECULA PLANNING COMMISSION AN ADJOURNED REGULAR MEETING CITY COUNCIL CHAMBERS 43200 BUSINESS PARK DRIVE JULY 12, 2001 - 6:00 P.M. Next in Order: Resolution: No. 2001-0 Chairman Guerriero Chiniaeff, Mathewson, Olhasso, Telesio, and Guerriero A total of 15 minutes is provided so members of the public may address the Commission on items that are listed on the Agenda. Speakers are limited to three (3) minutes each. If you desire to speak to the Commission about an item no~t 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 for the record. For all other agenda items a "Request to Speak" form must be filed with the Commission Secretary prior to the Commission addressing that item. There is a three (3) minute time limit for individual speakers. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the Planning Commission request specific items be removed from the Consent Calendar for separate action, 1 Aqenda RECOMMENDATION: 1.1 Approve the Agenda of July 12, 2001 2 Minutes RECOMMENDATION: 2.1 Approve the Minutes of May 16, 2001 R:\P LANCOMM~Agendas~2001\7-12-01 .doc 1 COMMISSION BUSINESS PUBLIC HEARING ITEMS Any person may submit written comments to the Planning Commission before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of hearing. If you challenge any of the projects in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondences delivered to the Commission Secretary at, or prior to, the public hearing. Planninq Application No. 00-0419- General Plan Amendment for Harveston, Planninq Application No. 99-0418 - Harveston Specific Plan No. 13, Planninq Application No. 99- 0418 - Development Code Amendment, Planning Application No. 99-0418 - Specific Plan Zoninq Standards, Planning Application No. 00-0189 - Harveston Environmental Impact Report, Planninq Application No. 99-0245 - Chanqe of Zone, Planninq Application No. 99- 0446 - Development Aqreementl Planninq Application No. 00-0295 - Tentative Tract Map No. 296391 Planninq Application No. 01-0030 - Tentative Tract Map No. 29928, Planninq Application No. 01-0031 - Tentative Tract Map No. 29929, Planninq Application No. 01- 0032 - Tentative Tract Map No. 30088 - located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit. Patty Anders, Associate Planner/Saied NaasehI Proiect Planner V/Dave HoqanI Senior Planner/Debbie Ubnoskel Director of Pianninq. RECOMMENDATION: 3.1 Adopt a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT (PLANNING APPLICATION 00-0189). 3.2 Adopt a resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: R:\P LANCOMM~Agendas~001\7-12-01.doc 2 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99-0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99- 0418); AND 6) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910- 261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060- 009, 910-120-005, 910-120-007, 910-120-008, 911-630-001, 911- 630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023, AND 911-180-028; 3.3 Adopt a Resolution entitled: PC RESOLUTION NO. 2001-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE 'HARVESTON SPECIFIC PLAN; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A R:\PLANCOMM~Agendas~2001\7-12-01 .doc 3 PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, -001, 910- 261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060- 009, 910-120-008, 911-630-001, 911-630-002, 911-630-003, 911- 640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911- 180-028. COMMISSIONER'S REPORTS PLANNING DIRECTOR'S REPORT ADJOURNMENT Next Regular Meeting: July 18, 2001, Council Chambers, 43200 Business Park Drive Temecula, CA 92590 R:\P LANCOMM~Agendas~2001\7-12-01 .doc 4 ITEM #2 CALL TO ORDER MINUTES OF A REGULAR MEETING OF THE CITY OF TEMECULA PLANNING COMMISSION MAY 16, 2001 The City of Temecula Planning Commission convened in a regular meeting at 6:00 P.M., on Wednesday, May 16, 2001, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. ALLEGIANCE The audience was led in the Flag salute by Vice Chairman Mathewson. ROLLCALL Present: Absent: Also Present: PUBLIC COMMENTS No comments. CONSENT CALENDAR 1 Agenda RECOMMENDATION: Commissioners Chiniaeff, Telesio, Webster, and Vice Chairman Mathewson. Chairman Guerriero'. Director of Planning Ubnoske, Deputy Director of Public Works Parks, Assistant City Attorney Curley, Senior Planner Hogan, and Minute Clerk Hansen. 2 1.1 Approve the Agenda of May 16, 2001. Minutes RECOMMENDATION: 2.1 Approve the minutes from March 28, 2001. R: PJenComrr~minutes/051601 3 Director's Hearin,q Update RECOMMENDATION: 3.1 Receive and File. MOTION: Commissioner Webster moved to approve Consent Calendar Item Nos. 1-3. The motion was seconded by Commissioner Chiniaeff and voice vote reflected approval with the exception of Chairman Guerriero who was absent and Commissioner Mathewson who abstained from Item No. 2. COMMISSION BUSINESS 4 Capital Improvements Project (C.I.P.) RECOMMENDATION: 4.1 Receive and Comment to Finance Department (Under separate cover). Apprising the Planning Commission of its charge to determine whether the CIP conforms to the City's General Plan, Senior Planner Hogan presented the staff report (of record). Addressing Commissioner Webster's queries regarding the bicycle/pedestrian overcrossing into Old Town (denoted on page 164 of the Draft CIP), Senior Planner Hogan relayed that this project was not specifically identified in the Old Town Specific Plan, or the Rancho Highlands Specific Plan. MOTION: Commissioner Mathewson moved to recommend that the City Council approve the CIP, which conforms to the City's General Plan. The motion was seconded by Vice Chairman Mathewson. (Ultimately this motion was amended; see below.) Commenting on the overcrossing project previously discussed (denoted on page 164 in the Draft CIP), Commissioner Webster relayed his recommendation that this project be deleted due to the lack of a need for it and that a pedestrian overcrossing project over Winchester Road at Nicolas Road be put in its place due to the higher need for this project which would effect the traffic circulation in this area. AMENDED MOTION: Amending his motion, Commissioner Chiniaeff moved to recommend that the City Council approve the CIP which conforms to the City's General Plan subject to lowering the priority level of the Pedestrian and Bicycle Overcrossing into Old Town Project (denoted on page 164 in the CIP) to a Priority Level III, and to add the Pedestrian Overcrossing Project over Winchester Road at Nicolas Road which will improve the circulation flow. The motion was seconded by Vice Chairman Mathewson and voice vote reflected approval with the exception of Chairman Guerriero who was absent. R:PlanComrn/minute~051601 2 Planning Application's PA00-0419 (GPA), PA99-0418 (SP 13, Development Code Amendment, and SP Zoning Standards), PA00-0189 (EIR), PA99-0245 (Chan.qe of Zone), PA99-0446 (Development Aflreement), PA00-0295 (Vestinq Tentative Tract 29639), PA01-0030 (Tentative Tract 29928), PA01-0031 (Tentative Tract 29929) and PA01-0032 (Tentative Tract 30088), located east of Interstate 15, nodh of Santa Gertrudis Creek, west of Marqarita Road and south of the northern City limit. - Patty Anders, Associate Planner/Saied Naaseh, Project Planner V/Dave Hoqan, Senior Planner/Debbie Ubnoske, Director of Planning. RECOMMENDATION: 5.1 Continue the Harveston Specific Plan and all it's associated applications (all referenced in Subject heading above) to June 6, 2001. MOTION: Commissioner Chiniaeff moved to continue this item to the June 6, 2001 meeting. The motion was seconded by Vice Chairman Mathewson and voice vote reflected approval with the exception of Chairman Guerriero who was absent COMMISSIONER'S REPORTS No comments. PLANNING DIRECTOR'S REPORT A. In light of the level of project activity in the Planning Department, Director of Planning Ubnoske queried whether the Planning Commission would be agreeable to adding a third meeting in June, to be held on the 27th. In response, Commissioner Chiniaeff was agreeable, Commissioner Mathewson noting that he was scheduled to be out of town. Distributing photographs regarding the Village Center which is adjacent to the Home Depot use off of Highway 79 (South), Director of Planning Ubnoske provided an overview of the issues staff has been addressing at this center; and queried the Planning Commission for input regarding one of the furniture use's proposal for the display area to be comprised of glass, a three-foot setback, and a wall, or curtain. In response, it was the consensus of the Planning Commission that this proposed plan was acceptable. Forwarding renderings from Mr. David Wakefield, representing the applicant for the proposed project associated with the building off the freeway, Director of Planning Ubnoske relayed his request that the Planning Commission review the renderings and report to Senior Planner Hazen with any comments, which will subsequently be forwarded to Mr. Wakefield. R: PlanComrWminutes/051601 3 ADJOURNMENT At 6:22 P.M. Vice Chairman Mathewson formally adjourned this meeting to the next regular meetinq to be held on Wednesday, June 6, 2001 at 6:00 P.M., in the City Council Chambers, 43200 Business Park Drive, Temecula. Ron Guerriero, Chairman Debbie Ubnoske, Director of Planning R:PlanCommJminute~051601 4 ITEM #3 STAFF REPORT - PLANNING CITY OF TEMECULA PLANNING COMMISSION Date: July 12, 2001 Planning Application No. 00-0419 - General Plan Amendment for Harveston Planning Application No. 99-0418 - Harveston Specific Plan No. 13 Planning Application No. 99-04t8 - Development Code Amendment Planning Application No. 99-0418 -Specific Plan Zoning Standards Planning Application No. 00-0189 - Harveston Environmental Impact Report Planning Application No. 99-0246 - Change of Zone Planning Application No. 99-0446 - Development Agreement Planning Application No. 00-0295 - Tentative Tract Map No. 29639 Planning Application No. 0t-0030 - Tentative Tract Map No. 29928 Planning Application No. 0!-0031 - Tentative Tract Map No. 29929 Planning Application No. 01-0032 - Tentative Tract Map No. 30088 Prepared By: Patty Anders, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends that the Planning Commission: BACKGROUND The Planning Commission heard the above referenced applications at the June 20, 2001 public hearing. These items were continued to a special meeting on July 12, 2001 to allow the applicant and the City to resolve a few outstanding issues on the Development Agreement and to provide staff an opportunity to get additional information that the Commission requested. DISCUSSION During the hearing, three nearby residents spoke in favor of the project and one person spoke against the project. After the public hearing, the Commission requested additional information on the following items of the Specific Plan: 1. The General Plan designations and the zoning of the two out-parcels; 2. The rezoning of Planning Areas 9 and 11 from Medium 2 to Low Medium; 3. The surface area of the lake being available to all residents of Temecula, not just Harveston residences; 4. The Mitigation of school impacts; and 5. Architectural standards for the Service Commercial area in the Specific Plan. General Plan and Zoning of the Out Parcels: There are two parcels not owned by Lennar within the Specific Plan. The existing zoning for these out-parcels is SP (Specific Plan) and the existing Land Use Designation on the General Plan Land Use Map is Neighborhood Commercial (NC). The current proposal includes a change of zone to remove the specific plan requirement from these sites and make the land use designations compatible with the surrounding specific plan. R:~S P~arveston SP~PC Docs~PC STAFF RPT 7-12-01.doc 1 The Commission suggested that the 1.3 acre parcel could be zoned Open Space and incorporated into the Community Park. Staff suggested this, but Lennar has been unable to acquire the property. From a practical perspective, the zoning of this site as open space, without the land owners approval might be considered a "taking" under the law. The designation of this site as Low Medium Density Residential will not preclude its ultimate inclusion into the park area if it is acquired by the applicant or the City. The owner of the this parcel submitted a letter (included in Attachment 6 in the June 20, 2001 staff report attached herein) stating they are opposed to their parcel being zoned Open Space but would accept a Zoning and Land Use Designation of residential. The other out-parcel (approximately 2.5 acres) was also proposed to be re-designated to Low Medium Density Residential to be consistent with the surrounding Specific Plan when the Date Street alignment was preferred early on in the process. However, at this time, it appears that Cherry Street will be the most likely location. The property is currently located near a probable location for the ultimate alignment of Ynez Road. As a result, the site could end up to be either west and/or east of Ynez Road. To deal with this uncertainty, staff is recommending, that at this point, the Planning Commission recommend to the City Council that those portions of the property west of Ynez Road be designated as Service Commercial and those portions that are east of Ynez Road be designated as Low Medium Density Residential. The owner of the 2.5 acre parcel has communicated verbally that they would like their parcel to remain Neighborhood Commercial due to the loss of property value if the parcel is rezoned to residential. Planninq Areas 9 and 11 The Commission expressed a concern that Planning Areas 9 and 11 should be designated for Low Medium Density residential uses. Planning Area 9 is a relatively isolated portion of the project on Date Street, west of the main project access onto Date Street. The current Specific Plan proposal would allow additional community supporting uses, such as churches and other community enhancing facilities, in addition to the typical Medium Density 2 Residential uses. These variable land uses were proposed because of the limited number of suitable sites for these facilities within the City. For this reason, staff believes that the Medium Density designation is more appropriate for this potential mixture of uses. However, if the Commission feels that the Medium 2 designation is inappropriate for the site, staff would recommend that a Medium 1 density be considered as an alternative. However, the Medium 1 designation is more likely to create potential land use conflictd if any of these community enhancing uses are constructed in this area. Planning Area 11 was originally zoned LM (Low Medium Density residential) but was rezoned to Medium 2 when staff discovered that a medium density housing project, approximately (11 dwelling units/acre was located immediately north in the City of Murrieta. Therefore, to provide an appropriate land use transition, staff felt that the higher densities in this area were appropriate and justified. Surface Area of the Lake The Commission has requested Lennar to make the surface area of the lake open to all the residents of the City, not just the future residents of the Harveston project. To date, Lennar has been unable to secure insurance that would reduce their liability to an acceptable level without financially burdening the future residents of Harveston. Lennar is continuing to research insurance companies to see if insurance is available with the lake open to all the citizens of Temecula. R:\S P~Harveston SP~PC Docs~PC STAFF RPT 7-12-01.doc ~ 2 School Miti,qation The Commission also inquired if the school impacts had been mitigated to an acceptable level. The Temecula Valley Unified School District (TVUSD) is the agency responsible for determining the mitigation of school impacts. Lennar Communities has entered into a Mitigation Fee Agreement with the Temecula Valley Unified School District (see attachment 2, school fee summary letter). The Agreement, in summary, requires Lennar to pay an up-front fee and a deferred fee. The upfront fee is approximately $4,600 per single family detached unit and approximately $3,322 per multi-family unit, for a total upfront fee of $8,272,700. The Agreement also requires Lennar to pay additional deferred mitigation fees if state funding for construction of an elementary school, middle school and high school is not secured. To date, elementary and middle school funding has been secured, but funding for the high school has not been secured. As a result, Lennar is still responsible for the high school deferred mitigation fee. If the high school funding is not secured, Lennar has agreed to pay an additional $3,350,500 to mitigate their impacts to the high school. Therefore, with the mitigation agreement requiring Lennar to pay up-front fees at issuance of building permits ($8,272,700), and the requirement of Lennar to pay a deferred high school mitigation fee ($3,350,500), impacts to the local school system have been fully mitigated. Architectural Standards in the Specific Plan The Commission expressed concern about the architectural requirements in Specific Plan referring back to the Development Code. The Commissions desire was to have detailed standards contained within the Specific Plan to ensure quality architecture throughout the service commercial area, especially along the Interstate 15 corridor. Section 10.6 Service Commercial Architectural Guidelines provides detailed language on the siting, orientation; form, scale and massing; appropriate architectural features and details; appropriate exterior materials and colors; appropriate roof forms and materials; permissible walls and fences types and styles; and appropriate accessory structures, street furniture, bus shelters, lighting and mechanical equipment. This Section also requires the areas north and south of Date/Cherry Street to be master planned prior to any land or subdivision to ensure an attractive Service Commercial environment, sympathetic in scale and aesthetic to the entire development. In addition, Item 14 of Section 11.4.6 of the Specific Plan, Building/Structure Design, provides detailed development and sign standards that would require that "all elevations facing the freeway shall include substantially similar architectural treatments that are located on the buildings' front elevation." This language was explicitly added to ensure all rear elevations visible from Interstate 15 would be articulated with the same level of detail as the front elevation so that the visual quality along the Interstate corridor would not be compromised. If the Commission is not comfortable with this existing language, additional language,could be added to the Specific Plan under Section 10.6 Service Commercial Architectural Guidelines. Development A,qreement All the primary issues of the Development Agreement (DA) have been resolved and the draft DA is contained herein as Attachment No. 3. Attachments: 1. Staff Report from the June 20, 2001 Planning Commission 2. School Fee Summary Letter- Blue Page 5 3. Development Agreement and Exhibits- Blue Page 6 Hearing - Blue Page 4 R:~S P~Harveston SP~PC Docs~PC STAFF RPT 7-12-01.doc 3 ATTACHMENT NO. 1 PC STAFF REPORT FROM THE JUNE 20, 2001 HEARING R:',.S P',Harveston SP~PC Docs~PC STAFF RPT 7-12-01.doc 4 STAFF REPORT-PLANNING CITY OF TEMECULA PLANNING COMMISSION June 20,2001 Planning Application No. 00-0419 - General Plan Amendment for Harveston Planning Application No. 99-0418 - Harveston Specific Plan No. 13 Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application Planning Application No. 99-0418 - Development Code Amendment No. 99-0418 - Specific Plan Zoning Standards No. 00-0189 - Harveston Environmental Impact Report No. 99-0245 - Change of Zone No. 99-0446 - Development Agreement No. 00-0295 - Tentative Tract Map No. 29639 No. 01-0030 - Tentative Tract Map No. 29928 No. 01-0031 - Tentative Tract Map No. 29929 No. 01-0032 - Tentative Tract Map No. 30088 Prepared By: Patty Anders, Associate Planner RECOMMENDATION: The Community Development Department - Planning Division Staff recommends the Planning Commission: 1. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT (PLANNING APPLICATION 00-0189). R:\S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 1 2. ADOPT a Resolution entitled: PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99- 0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); AND 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99-0418); 6) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110- 021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 9'10-120-008, 911-630-00t, 9'1 '1-630-002, 911 - 630-003, 911-640-001, 91 '1-640-002, 911-180-002, 911-180-003, 911-180- 004, 911-180-008, 911 -'180-009, 911-180-015, 911-180-023, AN D 911-180- 028. ADOPT a Resolution entitled: PC RESOLUTION NO. 200'1- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON R:\S P\Harveston SP~PC Docs\ PC STAFFRPT,doc 2 SPECIFIC PLAN; PLANNING APPLICATION NO. 01-0031 -TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261, -001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 9t 0-120-008, 911-630-001,911-630-002, 911-630- 003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 91'1-180-028. APPLICATION INFORMATION APPLICANT: Lennar Communities REPRESENTATIVES: Bill Storm, Lennar Communities Jayna Morgan, EDAW Matthew Fagan, Fagan Consulting Bill Green, RBF Consulting PROPOSAL: A Specific Plan consisting of approximately 550 acres proposing 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 16.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green); and 112.5 acres of Service Commercial land adjacent to Interstate 15. A Development Code Amendment to amend Section 17.16070 of the City of Temecula Development Code and adopt the Specific Plan Zoning Standards for residential and commercial development contained in Chapter 11, Development Standards, of the Harveston Specific Plan. A General Plan Amendment for the reallocation of the existing land uses within the Specific Plan, for the two excluded parcels that are not owned by Lennar and the approximately 1.3 acre parcel north and west of Ynez Road and Equity Drive. The Land Use designation for the excluded parcels will be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The Land Use Designation of the triangular piece will be changed from Service Commercial (SC) to Business Park (BP). R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 3 A change of zone for the 1.3-acre parcel located north and west of Ynez Road and Equity Drive to remove this parcel from the existing SP (Specific Plan) zoning classification, as it is not part of the proposed Specific Plan. The zoning will be changed to LI (Light Industrial) and will be consistent with the General Plan Land Use Designation of Business Park (BP). A City initiated change of zone for the two excluded parcels is also required. The two parcels are currently zoned SP and will be changed to LM (Low Medium Density Residential) to provide appropriate development potential. LOCATION: East of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit. EXISTING ZONING: SP (Specific Plan) SURROUNDING ZONING: North: Residential/Business Park South: Community Commercial and Public Institutional East: Low Medium and Medium Residential West: Service Commercial and City of Murrieta MU-2 (Industrial) PROPOSEDZONING: SP (Specific Plan) No. 13, Harveston, LM (Low Medium) density for the two excluded parcels not owned by Lennar, and LI (Light Industrial) for the approximately 1.3 acre parcel being removed from the Specific Plan zoning classification. EXISTING GENERAL PLAN DESIGNATIONS: LM (Low Medium Density), M (Medium Density), H (High Density), NC (Neighborhood Commercial), SC (Service Commercial), OS (Open Space) and P (Public/Institutional) PROPOSED GENERAL PLAN DESIGNATIONS: LM (Low Medium Density), M (Medium Density), H (High Density), SC (Service Commercial), OS (Open Space) and P (Public/Institutional) EXISTING LAND USE: Vacant SURROUNDING LAND USES: North: South: East: West: ResidentialNacant Land Business Park/Retail/Commercial Chaparral High School, Winchester Creek Park and Existing Residential Interstate 15, Business and Industrial Parks, Vacant Land R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 4 BACKGROUND Staff has been working with the applicant and his team of consultants for approximately one and one half years on the proposed Specific Plan, General Plan Amendment and Environmental Impact Report. Per the Commissioner's request, staff held three Commission workshops to discuss the Commissioners' primary areas of concern: Open SpaceNillage Green, Design Guidelines/Architecture and Traffic Impacts/ Mitigation Measures. In addition, two community workshops were held at the Chaparral High School: one in the evening on January 24, 2001 and one Saturday morning workshop on January 27, 2001. Both workshops had limited attendance with six people at the evening workshop and two people at the Saturday morning workshop. Staff has had several meetings throughout the process with Channell Commercial. Channell is located in the existing business park immediately south of the subject site. Channell's primary issues are safety impacts relative to traffic, rezoning of the Neighborhood Commercial land to residential, park access off of Equity Drive and losing frontage on Ynez Road with the proposed re- alignment and extension of Ynez Road. The applicant has tried to address their concerns as much as feasible, while still complying with the City's direction relative to park, land use and circulation needs of the overall community. PROJECT DESCRIPTION The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi-family rental units). The project will consist of 150.9 acres of Iow medium density residential (3~5 du/ac), 79.1 acres of medium 1 density residential (5-7 du/ac), 60 acres of medium 2 density residential (7-13 du/ac), and 16.8 acres of high density residential (13-20 du/ac). Other components of the project include 112.4 acres of service commercial (gross site acre excluding Date Street and Ynez Road), a 16.1 acre community park, a 13.8 acre arroyo park, a 17.3 acre lake/lake park facility, three mini-parks (a minimum of 1.5 acres total for the three parks), a 2.5 acre paseo trail, a 1.8 acre Village Green, trails, paseos, bike lanes, and a 12 acre elementary school site within approximately 550 acres. The Specific Plan also allows for an approximately 13 acre mixed-use overlay district. The 13 acre mixed-use district is intended to function as the "Village Center" for the Specific Plan. The development concept for this area allows for a mix of the following uses: retail, restaurant, office, daycare, worship, and a private club house (Village Green). Additional uses such as recreation, education, and residential (including multi-family) will be provided adjacent to or within the Village Center. A maximum of 20,000 square feet of commercial/retail, which may include residential, recreation, educational and office uses are permitted in this zone along with a 2.0-acre Village Club. The residential uses that may occur within the mixed-use district would not be in addition to nor would they exceed the maximum 1,921 dwelling units. The "Village Center" uses are intended for retail and service uses of a community nature that will attract people from the immediate neighborhoods. The proposed project also includes an overall phasing map and three tentative tract maps for the first phase of development. To implement the project, a Change of Zone and General Plan amendment are required for the two excluded parcels and the approximately 1.3 acre parcel north and west of Ynez Road and Equity Drive. The zoning and land use designation of the two excluded parcels is proposed to change from Neighborhood Commercial (NC) to Low Medium Density Residential (LM). The approximately1.3 acre triangular parcel is proposed to change from a zoning classification of Specific Plan (SP) to Business Park (BP), and the land use designation is being R:\S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 5 changed from Service Commercial (SC) to Light Industrial (LI). The overall existing General Plan Land Use Designations will be reallocated within the project area. A Development Code Amendment to amend Section 17.16.070 of the City of Temecula Development Code to add the Harveston Specific Plan is also required. Due to the uncertainty of the Ynez Road alignment, the triangular piece may vary in size and result in a parcel with a very irregular shape, limited access and difficult to develop. The applicant has tentatively agreed to sell this unusual piece of land to the adjacent industrial user, Channell Commercial. As part of the negotiations with Channel Commercial, staff has agreed that due to the unusual circumstances, irregular shape and uncertainty of this parcel, a variance to the development standards will likely be required and supported by staff. ANALYSIS LAND USE The Specific Plan has twelve Planning Areas and eight different land use classifications. The land use classifications are as follows: LM (Low-Medium, Density 3-5 du/ac), M1 (Medium-I, Density 5-7 du/acre), M2 (Medium-2, Density 7-13 du/ac), H (High Density, 13-20 du/ac), Mixed-Use Overlay Zone, Park, School and Service Commercial. Shown below are the density ranges, target densities, and the number of dwelling units proposed for each Planning Area: DETAILED LAND USE SUMMARY TARGET PLANNING DENSITY TARGET DWELLING DESIGNATION AREA ACREAGE I~NGE DENSITY UNITS RESIDENTIAL Low Medium 1 41.1 3-5 4.0 164 4 24.5 3-5 3.4 83 7 39.1 3-5 3.6 140 10 46.2 3-5 4.1 191 SUBTOTAL 150,9 -- 3,8 578 Medium 1 2 40.1 5-7 6.0 241 8 39.0 5-7 6.0 234 Subtotal 79.1 -- 6.0 475 Medium 2 3 35.9 7-13 9.2 330 5 7.5 7-13 10.0 75 9 8.6 7-13 9.6 83 11 8.0 7-13 10.0 80 Subtotal 60.0 -- 9.7 568 High 6 16.8 13-20 17.8 300 Subtotal 16.8 -- 17.8 300 RESIDENTIAL TOTAL 306.8 -- 6.3 1~921 R:\S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 6 NON-RESIDENTIAL Community Park 1 16.5 ...... Mini Parks 1 /7 / 10 1.5 ...... Paseo Park 2 / 3 2.0 ...... Lake Park Facility 3 17.3 ...... Mixed-Use Overlay 3 / 4 / 6 ...... Elementary School 4 12.0 ...... Village Green 3 1.8 ...... Arroyo Park 9 13.8 ...... Service Commercial 12 112.5 0.3 - 1.5 Major Streets -- 60.2 ...... Triangle Site -- 1.3 ...... Out Parcels -- :],8 ...... NON-RESIDENTIAL TOTAL 242.7 PROJECT TOTAL 549.5 3.5 1 ~921 NOTE: The Density Range for the Service Commercial is actually the Floor Area Ratio. COMMUNITY DESIGN At the center or "heart" of the development is the 17.3 acre lake and lake park. The general public will have access to fishing, walking and jogging activities around the lake. However, only the residents of Harveston will have access to the boating facilities and the private Village Club. The lake park contains a 10 foot multi-purpose trail that will allow walking, jogging, picnicking, etc. In addition to the lake park, the Specific Plan provides an extensive trail system adjacent to the collector and arterial roadways. There is also a paseo trail that connects the lake park to the Community Park. The 13.8 acre arroyo park is an environmental mitigation area that will re-create a riparian environment and will be fenced. It will provide a unique opportunity for walking, hiking and picnicking near the arroyo, but not within the mitigation area due to its environmental sensitivity. The Specific Plan is proposing an expanded parkway greenbelt system, or Landscape Development Zones (LDZ) adjacent to collector and higher volume roadways. The LDZ will be landscaped with turf, trees, and various additional plant materials and will vary in width. The sidewalk on the outside of the Loop Road and on Date Street adjacent to the arroyo will meander. Sidewalks that are parallel to the street will be provided in the greenbelt on both sides of the street throughout the development. The Mixed-Use Overlay zone or Village Green is a unique space that allows flexibility for a vadety of uses up to a maximum of 20,000 square feet of commercial/retail uses and a maximum of 15,000 square feet for a Village Club, residential, recreation and educational uses. This area is intended to be a neighborhood "village" with opportunities for live/work situations, outdoor cafes, neighborhood retail, restaurant, office, daycare, worship, and a private clubhouse (Village Club). Additional uses such as recreation, education, and multi-family will be provided adjacent to or within the Village Center. There are specific development standards to ensure a pedestrian oriented, neighborhood village within this area through site planning, architecture, landscaping and signage requirements (see Section 11 Development Standards and Figure 11.14). The Village Green is a turf amphitheatre that is located at the major entry off of Margarita Road at the southern end of the Lake. The Village Club is a private area for Harveston residents which may provide a swimming pool, a fitness center and private community facilities. R:~S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 7 In an effort to create a less "auto-dependent" development, a transit plan has been developed with input provided from Riverside Transit Agency (RTA). The Village Center, high density residential and the M2 (medium density) are located at the "core" of the project to provide the critical, necessary density needed to support public transit. Moreover, the comprehensive sidewalk/trails system provided within the project provides excellent pedestrian access to the potential transit stops. To ensure a high level of architectural quality, staff has required the applicant to provide extensive, detailed architecture and site planning standards (see Sections 10 Design Guidelines and Section 11 Development Standards). These standards encourage architectural forward site planning by allowing reduced front and rear yard setbacks for homes that meet the definition of architecture forward. In general, the architecture forward is defined as advancing the architecture of the living space forward on the lot, while concurrently, the garage is held in place, or in some instances, the garage may be further recessed (see Section 10.0 Design Guidelines for an expanded definition). This allows the home to be the predominant architectural element of the home, not the garage. Moreover, the Director of Planning may administratively approve modifications to the development standards up to 15% for innovative, quality architecture and site planning. This option is similar to the Development Code's Minor Exception permit. Another feature of the plan is that the individual neighborhoods have been designed with landscape treatments such as open ended cul-de-sacs and extensive open space lots in addition to the required Landscape Development Zone. The individual communities will have landscaped arbors or trellis that are architecturally compatible with the residenecs within the development. The Specific Plan also requires unique light poles and mail boxes in the neighborhoods (not arterial roadways) that compliment the individual community architecture. RESIDENTIAL AREAS The applicant is proposing a variety of product types that will fit on a range of different lot sizes. The lot sizes of the residential Planning Areas are as follows: Planning Areas 1, 4, 7 and 10 (Low Medium Density 3-5 du/ac): These Planning Areas will have the largest lots and are located predominantly on the outside of the Loop Road and above the arroyo park. A small portion of PA 4 is located within the Loop Road, adjacent to the school. The minimum lot size for these Planning Areas is 4,000 square feet with an average lot size of 5,000 square feet. The Planning Areas are intended to have standard detached single family homes, although there is a provision for attached and clustered products. Planninq Areas 2, and 8 (Medium-1 Density 5-7 du/ac): These Planning Areas are to the west of the lake/lake park and located between the Community Park and south of Date Street. The minimum lot size is 3,000 square feet with an average lot size of 3,500 square feet. These Planning Areas are intended to have detached single family homes, as well as attached or clustered product types. Planninq Areas 3, 5, 9 and 11 (Medium-2 Density 7-13 du/ac): These Planning Areas are to the north and south of the lake/lake park, adjacent to the High Density and north of Date Street. The minimum lot size is 2,000 square feet with an average lot size of 2,500 square feet. These Planning Areas are intended to be more dense, detached single family homes on narrower lots, as well as condominium or clustered product types. R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 8 Planninq Area 6 (H~qh Density 13-20 du/ac): This Planning Area is intended to have multi-family product types such as apartments. It is strategically located at the Village Center to be close to the neighborhood commercial and lake facilities. This density is crucial in that it is in walking distances to the future bus services and future commercial/retail businesses that are anticipated in the Village Center. TENTATIVE TRACT MAPS Planning Application No. 00-0295 (Tentative Tract Map No. 29639) is a financing map for the subdivision of approximately 550 acres into 91 lots which conform to the various Planning Areas, Open Space areas, school and park sites of the Harveston Specific Plan. Because the actual alignment of the future interchange is unknown at this time and will not be resolved quickly, the City is requiring the amount of land reasonably foresees as accommodating the required right-of-way to be dedicated for the future interchange at Cherry Street at Interstate 15. Staff is also proposing that no maps be recorded and no development plans be approved in the western half of the project until the Cherry Street alignment is finalized and the future alignment of Ynez Road has been determined. Planning Application No. 01-0030 (Tentative Tract Map No. 29928) proposes the subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7. The zoning for Planning Area 7 is Low Medium which requires a minimum lot size of 4,000 square feet and an average lot size of 5,000 square feet. Residential lots in Tentative Tract Map No. 29928 range in size from a minimum of 6,000 square feet to a maximum of 14, 547 square feet with an average lot size of 8, 278 square feet. As proposed, this map far exceeds the minimum lot size, width and depth requirements for the LM zoning district. Planning Application No. 01-0031 (Tentative Tract Map No. 29929) proposes the subdivision of approximately 20 acres into 118 residential lots and three open space lots in a portion of Planning Areas 3 and 4. The zoning for Planning Area 3 is Medium 2 and requires a minimum lot size of 2,000 square feet and an average lot size of 2,500 square feet. The proposed residential lots in PA 3 range in size from a minimum of 2,715 square feet to a maximum of 4,529 square feet with an average of 3158 square feet. A portion of the map is within Planning Area 4 which is Low Medium Density. The minimum lot size for Planning Area 4 is 4,000 square feet with an average lot size of 5,000 square feet. The proposed residential lots in PA 4 range in size from a minimum of 4,675 square feet to a maximum of 9,621 square feet with an average of 5,937 square feet. Accordingly, all proposed lots exceed the minimum lot size requirements and each Planning Area provides a variety of lot sizes to help create unique neighborhoods within the same Planning Areas. Planning Application No. 01-0032 (Tentative Tract Map No. 30088) proposes the subdivision of approximately 9.18 acres into 38 residential lots and eight open space lots in a portion of Planning Area 4. The zoning of Planning Area 4 is Low Medium and requires a minimum lot size of 4,000 square feet and an average of 5,000 square feet. The residential lots in Tentative Tract Map 30088 range in size from a minimum of 5,440 square feet to a maximum of 10, 326 square feet with an average of 6,649 square feet. R:\S P\Harveston SP\PC Docs\ PC STAFFRPT.doc 9 All three tentative tract maps, not including the financing map described above, are providing a variety of lot sizes, site layout, open ended cul-de-sacs and additional open space lots. Maps 29928 and 29929 have been designed with open space lots at the main entries to break up the streetscape and create an area for neighbors to gather. All three maps provide open space lots at the end of the cul-de-sac which will provide pedestrian access to and through the neighborhoods. As proposed, the site layout will allow a variety of plotting to create a varied and interesting streetscape. GENERAL PLAN AMENDMENT A General Plan Amendment is being proposed to allow for the reallocation of the existing land uses within the project area, the two excluded parcels that are not owned by Lennar and the approximately 1.3 acre triangular parcel north and west of Ynez Road. If approved, the General Plan Amendment would change the General Plan Land Use Map in this area to reflect the land uses in the approved Specific Plan. The land use densities for the current General Plan Land Use Designations range from 1,329 to 2,475 dwelling units (d.u.) with a mid-range density of 1,902 d.u. The Land Use Designation range for the Harveston Specific Plan varies from 1,332 d.u. and 2,440 d.u. with a mid-range density of 1,921 d.u. For reference, the previous draft Specific Plan (Winchester Hills) for this property was not approved, but proposed to construct a total of 1,948 units. A copy of this analysis is contained in Attachment No. 7. The analysis of the density ranges illustrates that the proposed density of the Harveston Specific Plan is within the mid range density classification and does propose an overall project density of 3.4 dwelling units/acre. This is consistent with the overall project densities for many of the approved specific plans within the City. The two out parcels are not pad of the Specific Plan, and therefore, are not included in the density calculation. Staff has met with both property owners and their respective representatives to review the proposed Specific Plan and General Plan Land Use amendment. The owner of the 2.5 acre parcel is opposed to the property's Land Use Designation being changed from Neighborhood Commercial to Low Medium Residential. The owner of the 1.25 acre parcel would prefer their parcel not be changed from Neighborhood Commercial to Low Medium Residential; however, as an alternative, they would not be opposed to the zoning classification of Medium 1 as proposed within the Specific Plan. They were initially concerned that their parcel would be designated as open space and become part of the Community Park (see correspondence, Attachment No. 6) but feel comfortable that will not occur. In proposing to change the land use and zoning designations of the two excluded parcels, staffwas concerned that leaving these parcels Neighborhood Commercial would create the potential for a significant land use conflict. It is the staffs position that the two excluded parcels' land use designations must be changed to ensure that future development of these two parcels will be compatible with the land uses proposed in the Harveston Specific Plan and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. Without this change, the owners of the parcels would be required to prepare and receive approval of a specific plan to do any development on these properties. R:\S P\Harveston SP'~DC Docs\ PC STAFFRPT,doc 10 As a result, Staff is recommending that the land use designation of the two excluded parcels be changed from NC (Neighborhood Commercial)to LM (Low Medium Density Residential). Lennar is also requesting that the triangular remnant parcel (approximately 1.3 acres in size) be re-zoned to BP (Business Park). GENERAL PLAN AND ZONING CONSISTENCY The Harveston Specific Plan development concept is consistent with all applicable goals and programs contained within the General Plan and effectively implements the policies of the General Plan and the applicable zoning requirement. The issues and goals identified within each element of the General Plan have been evaluated, and a statement of compliance with the General Plan has been included as Appendix A of the Specific Plan. Staff has also compared the project with the Growth Management Program Action Plan (GMAP) The project supports the goals, policies, and other provisions contained in the GMAP relative to housing needs, alternative modes of transportation, employment opportunities, open space and recreational needs, etc. With the approval of the General Plan Land Use Map Amendment, the Harveston Specific Plan will be consistent with the Land Use Element of the General Plan. Finally, the General Plan Circulation Element Map contains the provision for a roadway, heading east from the intersection with Margarita Road and Date Street, crossing Interstate 15, and intersecting with Jefferson Avenue. Current discussions with Caltrans have indicated that the best location for this connection is south ofthe current Cherry Street alignment. The City and Developer are currently working with Caltrans to receive approval of a Project Study Report (PSR) that would determine the exact location, size and configuration of this future interchange. The City has historically viewed road locations in undeveloped areas as conceptual until the final locative details can be determined. The proposed roadway location, labeled the Cherry Street alignment is consistent with both the conceptual location contained in the City of Temecula's General Plan as well as the more precise location depicted in the City of Murrieta's General Plan. The current Circulation Element network map for the City of Murrieta shows a location similar to the Cherry Street Alignment shown in the Specific Plan and EIR. For these reasons, staff believes that the alignment is consistent with the General Plans for both the Cities of Murrieta and Temecula. Staff is recommending that the Planning Commission recommend that the City Council approve the Cherry Street alignment in certifying the EIR and approving the Specific Plan. DEVELOPMENT AGREEMENT Staff has been working with the Applicant on the Development Agreement (D.A.) to resolve the outstanding financing issues and timing of improvements. A complete copy of the D.A. is attached for your review in Exhibit D of Attachment No. 2. CORRESPONDENCE There are two out parcels located within the Specific Plan that are not owned by Lennar. Staff has contacted both property owners and had meetings with both of them. Staff met with Mrs. Blake who is the owner of the 2.5 acre parcel on October 31, 2000, and with Mr. Bob Stockmar and Mr. Bill Stockmar, the owners of the 1.25 acre parcel, on November 8, 2000. Mrs. Blake is not in support of her parcel being changed from neighborhood commercial to residential. A letter dated December R:~S P~larveston SP\PC Docs\ PC STAFFRPT.doc 11 19, 2000, (see Attachment No. 6) was received from the Stockmar's indicating they preferred their parcel not be changed from neighborhood commercial to Iow medium density residential. However, the Stockmar's did indicate that, as an alternative, they would not be opposed to a Medium 1 zoning classification. Another letter was received from Michelle Bedard dated May 30, 2001, requesting, primarily, the multi-family component of the plan be relocated from Margarita Road and placed adjacent to Ynez Road and the proposed Community Park (see Attachment 6). A letter dated May 11, 2001 from Gresham, Savage, Nolan and Tilden, LLP, the legal counsel retained by the Channell Family Trust and Channell Commercial, was submitted to staff challenging the adequacy of portions of the EIR prepared for the project. The letter challenged the land use compatibility, traffic analysis and noise components of the EIR. Staff and the environmental consultant responded to the challenges of the EIR. Both letters are contained in this staff report under Attachment 6-a). Staff feels the EIR was analyzed and prepared in compliance with the requirements and regulations of the California Environmental Quality Act. Staff also received three phone calls through the process from residents expressing concern over the proposed multi-family component of the project. The concern was proximity to their homes in the Winchester Collection and Winchester Creek development. ENVIRONMENTAL DETERMINATION A Draft Environmental Impact Report was prepared under Staff's direction by EDAW, Inc., and was distributed to responsible agencies, interested groups, organizations, and individuals. The Draft Environmental Impact Report (EIR) was made available for public review and comment for a period of forty-five (45) days. The public review and comment period for the Draft EI R established by the State Clearinghouse commenced on November 1,2000 and expired on December 18, 2000. The City of Temecula received written comments and responded to each comment in the Final Environmental Impact Report (FEIR). A copy of the City's response to their comments has been provided to the commenting agencies as required by State law. A copy of both the Draft and Final EIR documents have been previously provided to the Commission. The environmental analysis identified one area where impacts were not considered to be significant (land use) and seven areas where potentially significant impacts were identified which could be avoided or mitigated. These seven areas are: aesthetics/light and glare, transportation, noise, geology and soils, hydrology and drainage, biological resources, and public services and utilities. The one impact area that was identified as resulting in an unavoidable, significant impact was air quality. In accordance with Section 15093 of the State CEQA Guidelines, the City Council must adopt a Statement of Overriding Considerations prior to approving the Harveston Specific Plan. The Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts. All large projects in Southern California that cause un-mitigatable impacts requiring statements of over- riding consideration. Among the benefits that this project provides the community are: needed General Plan level roadways, including the area for the future interchange with Interstate 15, new varieties of housing types to complement the City's current housing stock, a needed elementary school, and the potential for significant new employment. A copy of the Final Mitigation Monitoring Program is contained in Attachment No. 9. R:~S P\Harveston SP\PC Docs\ PC STAFFRPT.doc 12 Traffic Analysis A Traffic Study report was prepared for the project to determine the traffic impacts at "Project Build- Out". The study assumed that at project build-out Ynez Road would not be extended north to Murrieta Hot Springs Road and the Cherry Interchange at 1-15 would not be completed. The City of Murrieta has previously stated that they would not allow Ynez Road to be extended northward until the interchange at Cherry Street was open. As a result, the Traffic Study identified 39 intersections that needed road improvements to mitigate the additional traffic impact caused by the Harveston Specific Plan (see Attachment Nos. 5 and 6). These road improvements are proposed to mitigate the impacts of the project to Level of Service (LOS) D or better. The proposed road improvement mitigation measures are included in the Conditions of Approval of the Specific Plan and Tentative Tract Maps. In addition, the cumulative impact of traffic after project build-out was addressed by staff. The City Circulation Element shows a need for the Cherry Street Interchange at 1-15 at build out. The Harveston Specific Plan land uses would generate at least 10% of the traffic using the future interchange. In order to mitigate this cumulative impact, staff has conditioned the project to dedicate the necessary right-of- way for construction of the Cherry Street Interchange. This will be included in the Conditions of Approval of the Tentative Tract Maps showing subdivisions in that area. With the mitigation measures shown in the Conditions of Approval, the traffic impacts of this project are determined to be less than significant. Timing of the Mitigation Measures is addressed in the various phases of the project. The intent is to require the traffic mitigation improvements prior to the impact of the construction phase. The Development Agreement will require all improvements to impacted intersections to be built prior to the issuance of the first building permit. Community Management Enhancement Plan (CMEP) The CMEP is a proposal to make Harveston a less auto dependent community. The CMEP is proposing a shuttle system that would provide an alternative means of transportation for the residents of Harveston, As proposed, the shuttle system would not only provide transportation options within the Harveston community, but would offer service to other key locations within the City such as the mall, schools, CRC, post office, etc. The CMEP was developed in cooperation with Riverside Transit Agency (RTA) and the developer is proposed to implement the CMEP as part of the project. A copy of the CMEP is included as Exhibit 11 of this report. SUMMARY/CONCLUSIONS Staff recommends that the Planning Commission recommend that the City Council certify the Environmental Impact Report, approve the Mitigation Monitoring Program, the Harveston Specific Plan, Development Agreement and the four tentative tract maps pursuant to the following findings and subject to the attached conditions of approval. FINDINGS PlanninR Application No. 00-0189 - Harveston Environmental Impact Report The Environmental Impact Report was prepared and circulated in conformance with the provisions of the California Environmental Quality Act and Guidelines. R:\S P'~Harveston SP\PC Docs\ PC STAFFRPT.doc 13 The Planning Commission reviewed the Draft and Final Reports prior to considering these matters, and listened to all testimony prior to making their decision to recommend certification of the Final Environmental Impact Report to the City Council. Planning Application No. 0041 - General Plan Amendment The project as proposed and conditioned is compatible with the health, safety and welfare of the community. The project has been reviewed by agencies and staff and determined to be in conformance with the City's General Plan, Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be rezoned from SP (Specific Plan overlay district) to LM (Low Medium Density Residential) to be compatible with the surrounding land uses of the Harveston Specific Plan. The General Plan Land use Designation of these two parcels will be changed from NC (Neighborhood Commercial) to LM (Low Medium Density Residential). The City hereby finds it necessary to change the zoning and Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for the preparation and approval of a separate Specific Plan. The applicant is proposing a General Plan amendment and Change of Zone for the approximately 1.3 acre parcel located north and west of Ynez Road and Equity Drive to remove this parcel from the Specific Plan. The Land Use Designation shall be changed from Service Commercial (SC) to Low Medium Density Residential (LM). The zoning classification will be changed from Specific Plan (SP) to Low Medium Density Residential (LM) to be compatible with the proposed land uses in the Harveston Specific Plan. As proposed and conditioned is compatible with the health, safety and welfare of the community. The project is compatible with surrounding land uses. The project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the Specific Plan. Plannin.q Application No. 99-0418 - Harveston Specific Plan No. 13 The proposed Specific Plan is consistent with the General Plan, as it is proposed to be amended, and the Development Code. The proposed Specific Plan is consistent with the goals and policies of the General Plan and development code. The Specific Plan is a R:\S P'd-la~eston SP'tPC Docs\ PC STAFFRPT.doc 14 reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned communitywith specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serve as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which illustrate that the site is physically suitable for the land uses and development proposed in the Specific Plan. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Plannin,q Application No. 99-0418--Development A,qreement An environmental review has been conducted and approved for this Agreement in accordance with the California Environmental Quality Act. The City desires to obtain the binding agreement of the Developer and Owner for the development of the Property in accordance with the provisions of this Agreement. The Developer desires to obtain the binding agreement of the City to permit the Developer to develop the Developer's Project on the Developer's Parcels in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. The Owner desires to obtain the binding agreement of the City to permit the Owner to develop the Owner's Parcel in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. R:\S P\Har~eston SP\PC Docs\ PC STAFFRPT.doc 15 Developer and Owner have applied to the City in accordance with applicable procedures for approval of this mutually binding Agreement. The Planning Commission and City Council of the City have given notice of intention to consider the Agreement, have conducted public hearings thereon pursuant to the Government Code, and have found that the provisions of this Agreement are consistent with the Specific Plan and the City's General Plan. This Agreement is consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this Agreement upon the welfare of the region. This Agreement will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in the Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development on the Property, except a provided for herein. In accordance with the Development Agreement Statutes, this Agreement eliminates uncertainty in the planning process and provides for the orderly development of the Property. Further, this Agreement eliminates uncertainty about the validity of exactions imposed by the City, allows installation of necessary improvements, provides for public services necessary for the region with incidental benefits for the Property, and generally serves the public interest within the City of Temecula and the surrounding region. Plannin.q Application Nos. 00-0295~ 01-0030~ 01-0031~ 01-0032--Tentative Tract Maps The proposed subdivision and the design or improvements of the subdivision is consistent with the General Plan, the Harveston Specific Plan, Development Code, and other applicable regulations and requirements. The tentative maps do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use. The site is physically suitable for the type and density of development proposed by the tentative map. Access is proposed from five adjacent, existing streets within the Specific Plan. The site is adjacent to already developed and similar residential uses. Public utilities are available at or in close proximity to the site. The design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. The map has provided that all proposed and existing public utility easements over landscape areas shall be granted as shown on the map. The subdivision is consistent with the City's parkland dedication requirements. The subdivision's Quimby Park Fee obligations have been met through the execution of the Amendment and Restatement of Development Agreement, recorded on February 18, 1993. R:\S P\Harveston SP\PC Docs\ PC STAFFRPT.doc 16 Attachments: 7. 8. 9. 10. PC Resolution for the EIR - Blue Page 18 Exhibit A - City Council Resolution for the EIR Facts and Findings - Blue Page 19 PC Resolution for approving the Project - Blue Page 20 Exhibit A - City Council Resolution for the GPA and Specific Plan - Blue Page 21 Exhibit A-1 - Conditions of Approval - Blue Page 22 Exhibit A-2--Proposed General Plan Land Use Map - Blue Page 23 Exhibit A-3--Harveston Specific Plan Land Use Map - Blue Page 24 Exhibit B-- City Council Ordinance for the Development Code Amendment and Zoning Standards for the Harveston Specific Plan - Blue Page 25 Exhibit C - City Council Ordinance for the Change of Zone and amendment to the Official Zoning Map of the City of Temecula - Blue Page 26 Exhibit C-I--Proposed Zoning Map - Blue Page 27 Exhibit D--City Council Ordinance authorizing the Development Agreement- Blue Page 28 PC Resolution for Tentative Tract Map Nos. 29639, 29928, 29929 and 30088 - Blue Page 29 Exhibit A -City Council Resolution for Tentative Tract Map 29639- Blue Page 30 Exhibit A-l- Conditions of Approval for Tentative Tract Map 29639- Blue Page 31 Exhibit B - City Council Resolution for Tentative Tract Map 29928- Blue Page 32 Exhibit B-1 - Conditions of Approval for Tentative Tract Map 29928- Blue Page 33 Exhibit C - City Council Resolution for Tentative Tract Map 29929- Blue Page 34 Exhibit C-1 - Conditions of Approval for Tentative Tract Map 29929- Blue Page 35 Exhibit D - City Council Resolution for Tentative Tract Map 30088- Blue Page 36 Exhibit D-1 - Conditions of Approval for Tentative Tract Map 30088- Blue Page 37 Harveston Intersection Improvement Analysis Phase I - Blue Page 38 Harveston Intersection Improvement Analysis Phase 2 - Blue Page 39 Correspondence Received - Blue Page 40 Letter from Intex dated December 19, 2000 Letter from Michelle Bedard dated May 30, 2001 Letter from Gresham, Savage, Nolan & Tilden, LLP dated May 11, 2001 Letter from the City in Response to the EIR Challenges dated June 12, 2001 - Blue Page 31 General Plan Density Analysis - Blue Page 42 Draft Development Agreement - Blue Page 44 Mitigation Monitoring Program - Blue Page 45 General Plan Consistency Analysis - Blue Page 46 Community Management Enhancement Plan (CMEP) - Blue Page 47 R:\S P\Harveston SP\PC Doc.s\ PC STAFFRPT.doc 17 ATTACHMENT NO. 1 PC RESOLUTION FOR THE EIR R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 18 ATTACHMENT NO. 1 RESOLUTION NO. 2001 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE FINAL ENVIRONMENTAL IMPACT REPORT AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, BETWEEN INTERSTATE-15 AND MARGARITA ROAD. (PLANNING APPLICATION 00-0189) Project Description WHEREAS, the Harveston Specific Plan and related actions ("Specific Plan"), initiated and prepared on behalf of the City of Temecula. The Harveston Specific Plan proposes the development of a 549.5-acre planned community in the City of Temecula. The Project site is located adjacent to and east of Interstate 15 Freeway (1-15) in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego. From the 1-15, direct access to the project site is provided by Winchester Road (Highway 79 North) and Ynez Road, both located near the southern boundary of the site, and Margarita Road, which runs along the eastern boundary of the site. Winchester Road runs near the southern edge of the project site and continues north adjacent to Chaparral High School. The proposed Specific Plan is divided into 12 planning areas in an effort to create a distinct cluster of future uses/activities and to identify potential time frames for individual project development to occur in a timely manner, within the overall Specific Plan concept. The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi family rental units). The project will consist of 150.9 acres of low medium density residential (3-5 du/acre), 79.1 acres of medium 1 density residential (5-7 du/acre), 60.0 acres of medium 2 density residential (7-13 du/acre), and 16.8 acres of high-density residential (13-20 du/acre). Other components of the project include a 13-acre mixed-use zone overlaying area designated as village center, which allows uses such as retail, restaurant, office, daycare, worship, and private clubhouse; a ll2.5-acre service commercial area; a 16.5-acre community park, a 12.0-acre elementary school; a 17.3-acre lake/lake park; a 1.8-acre village green; 60.2-acre of major streets and slopes, and two 1.3 and 2.5-acre excluded parcels (Specific Plan, p. 3-5 through 3-10). Environmental Review Process WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Specific Plan as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan; and, 1. R:\S P\Harveston SPkPC Docs~C EIR Reso.doc WHEREAS, a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on April 1, 1999, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082; and, WHEREAS, written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and, WHEREAS, a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of Specific Plan implementation pursuant to CEQA; and, WHEREAS, upon completion of the Draft EIR dated November 2, 2000, the City initiated a 45- day public comment period by filing a Notice of Completion with the State Office of Planning and Research in November 2, 2000; and, WHEREAS, the City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices; and, WHEREAS, during and before the official public review period for the Draft EIR, the City received 14 written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"); and, WHEREAS, on November 1, 2000, December 20, 2000, January 17, 2001, and January 31, 2001, Planning Commission workshops and on January 24, 2001 and January 27, 2001, Community Workshops were conducted to provide information about the Specific Plan; and, WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all commentors on February, 2001; and, Statutory Requirements for Findings WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, 2 R:\S PXHarveston SPXPC Docs~C EIR Reso.doc (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and, WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Specific Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and, WHEREAS, environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Specific Plan and set forth herein are described in Section 3 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof, and, WHEREAS, alternatives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 5 hereof, have been determined not to significantly reduce the environmental impact of the Specific Plan; and, WHEREAS, a discussion of Specific Plan benefits identified by City staff and a Statement of Overhding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and, WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and, WHEREAS, prior to taking action, the Planning Conunission has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Specific Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. 3 RSS P~-larveston SP~PC DocsXPC EIR Reso.doc NOW, THEREFORE, The Planning Commission Of The City Of Temecula, California, hereby recommends that the City Council for the City of Temecula adopt a Resolution entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, BETWEEN INTERSTATE-15 AND MARGARITA ROAD (PLANNING APPLICATION 00-0189)" certifying the Final Environmental Impact Report, adopt the Statement of Overriding Considerations and approve the Mitigation Monitoring and Reporting Program substantially in the form contained in Exhibits A, B, and C respectively of this Resolution. PASSED, APPROVED AND ADOPTION by the City of Temecula Planning Commission this 20th day of June 2001. STATE OF CALIFORNIA ) COUNTY OFRIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01- was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of June, 2001, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary ATTEST: Run Guerriero, Chairman Planning Commission Debbie Ubnoske Secretary 4 R:\S P\Harveston SPkPC DocshVC EIR Reso.doc EXHIBIT A (For Attachment No. 1) CITY COUNCIL RESOLUTION FOR THE FINAL ENVIRONMENTAL IMPACT REPORT R:\S P~Harveston SP~PC Docs\ PC STAFFRPT,doc 19 EXHIBIT A FOR ATTACHMENT NO. 1 RESOLUTION NO. 2001 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, RECOMMENDING CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE HARVESTON SPECIFIC PLAN AND RELATED ACTIONS AND RECOMMENDING ADOPTION OF THE ENVIRONMENTAL FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM IN CONNECTION THEREWITH FOR THE HARVESTON SPECIFIC PLAN, LOCATED ON THE NORTH SIDE OF WINCHESTER ROAD, BETWEEN INTERSTATE-15 AND MARGARITA ROAD. (PLANNING APPLICATION 00-0189) Statement of Findings of Fact Pursuant to CEQA Guideline Section 15091 For the Harveston Specific Plan WHEREAS, the Harveston Specific Plan and related actions ("Specific Plan"), initiated and prepared on behalf of the City of Temecula. The Harveston Specific Plan proposes the development of a 549.5-acre planned community in the City of Temecula. The Project site is located adjacent to and east of Interstate 15 Freeway (I-15) in the City of Temecula, California, in southwest Riverside County, south of the City of Los Angeles and north of the City of San Diego. From the 1-15, direct access to the project site is provided by Winchester Road (Highway 79 North) and Ynez Road, both located near the southern boundary of the site, and Margarita Road, which runs along the eastern boundary of the site. Winchester Road runs near the southern edge of the project site and continues north adjacent to Chaparral High School. The proposed Specific Plan is divided into 12 planning areas in an effort to create a distinct cluster of future uses/activities and to identify potential time frames for individual project development to occur in a timely manner, within the overall Specific Plan concept. The Harveston Specific Plan proposes a maximum of 1,921 dwelling units (1,621 single family and 300 multi family rental units). The project will consist of 150.9 acres of Iow medium density residential (3-5 du/acre), 79.1 acres of medium 1 density residential (5-7 du/acre), 60.0 acres of medium 2 density residential (7-13 du/acre), and 16.8 acres of high-density residential (13-20 du/acre). Other components of the project include a 13-acre mixed-use zone overlaying area designated as village center, which allows uses such as retail, restaurant, office, daycare, worship, and private clubhouse; a 112.5-acre service commercial area; a 16.5-acre community park, a 12.0-acre elementary school; a 17.3-acre lake/lake park; a 1.8-acre village green; 60.2- acre of major streets and slopes, and two 1.3 and 2.5-acre excluded parcels (Specific Plan, p. 3-5 through 3-10). WHEREAS, pursuant to the California Environmental Quality Act ("CEQA"), the City is the lead agency for the Specific Plan as the public agency with both general governmental powers and the principle responsibility for implementing the Specific Plan; and, WHEREAS, a Notice of Preparation of a Draft Environmental Impact Report ("Draft EIR") was issued on April 1, 1999, inviting comments from responsible agencies, other regulatory agencies, organizations and individuals pursuant to State CEQA Guidelines section 15082; and, 1 R:~S P~Harveston SP\City Council'xRESO CC EIR Findings.doc WHEREAS, written statements were received by the City in response to the Notice of Preparation, which assisted the City in narrowing the issues and alternatives for analysis in the Draft EIR; and, WHEREAS, a Draft EIR was prepared by the City pursuant to State CEQA Guidelines section 15168 to analyze potential adverse environmental impacts of Specific Plan implementation pursuant to CEQA; and, WHEREAS, upon completion of the Draft EIR dated November 2, 2000, the City initiated a 45- day public comment period by filing a Notice of Completion with the State Office of Planning and Research in November 2, 2000; and, WHEREAS, the City also published a Notice of Availability for the Draft EIR in a newspaper of general circulation. Copies of the Draft EIR were sent to public agencies, organizations, and individuals. In addition, the City placed copies of the Draft EIR in public libraries in Riverside County and made copies available for review at City offices; and, WHEREAS, during and before the official public review period for the Draft EIR, the City received 14 written comments, all of which were responded to by the City. Those comments and the responses are included as part of the Final Environmental Impact Report/Response to Comments document ("Final EIR"); and, WHEREAS, on November 1, 2000, December 20, 2000, January 17, 2001, and January 31, 2001, Planning Commission workshops and on January 24, 2001 and January 27, 2001, Community Workshops were conducted to provide information about the Specific Plan; and, WHEREAS, pursuant to Public Resources Code section 21092.5, the City provided its responses to all commentors on February, 2001; and, WHEREAS, Section 15091 of the State CEQA Guidelines prevents the City from approving or carrying out a project for which an EIR has been completed that identifies any significant environmental effects unless the City makes one or more of the following written finding(s) for each of those significant effects accompanied by a brief explanation of the rationale for each finding: (t) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR; or, (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency; or, (3) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR; and, WHEREAS, Section 15093 of the State CEQA Guidelines requires that if the Specific Plan will cause significant unavoidable adverse impacts, the City must adopt a Statement of Overriding 2 R:~S PLHarveston SP\City Council~RESO CC EIR Findings.doc Considerations prior to approving the project. A Statement of Overriding Considerations states that any significant adverse project effects are acceptable if expected project benefits outweigh unavoidable adverse environmental impacts; and, WHEREAS, environmental impacts identified in the Final EIR which the Planning Commission finds are less than significant and do not require mitigation are described in Section 2 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant, but which the Planning Commission finds can be mitigated to a less than significant level through the imposition of mitigation measures and/or conditions identified in the Final EIR and Specific Plan and set forth herein are described in Section 3 hereof; and, WHEREAS, environmental impacts identified in the Final EIR as potentially significant but which the Planning Commission finds cannot be fully mitigated to a less than significant level despite the imposition of all feasible mitigation measures described in Section 4 hereof, and, WHEREAS, alternatives to the Specific Plan that might eliminate or reduce significant environmental impacts are described in Section 5; and, WHEREAS, a discussion of Specific Plan benefits identified by City staff and a Statement of Overriding Considerations for the environmental impacts that cannot be fully mitigated to a less than significant level are set forth in Section 6 hereof; and, WHEREAS, Public Resources Code section 21081.6 requires the City to prepare and adopt a mitigation monitoring and reporting program for any project for which mitigation measures have been imposed to assure compliance with the adopted mitigation measures; and, WHEREAS, prior to taking action, the Planning Commission has heard, been presented with, reviewed and considered all of the information and data in the administrative record including the Final EIR, and all oral and written testimony presented to it during meetings and hearings. The Final EIR reflects the independent judgment of the Planning Commission and is deemed adequate for purposes of making decisions on the merits of the Specific Plan and related actions. No comments or any additional information submitted to the City have produced any substantial new information requiring circulation or additional environmental review of the Final EIR under CEQA, nor do the minor modifications to the Final EIR require additional public review because no new significant environmental impacts were identified, no substantial increase in the severity of any environmental impacts would occur. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby determines the following: Section 1. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the Initial Study: A. Agricultural Resources. According to the General Plan, the project site is considered farmland of Jocal importance; however, it is not considered prime or unique farmland, or farmland of Statewide Importance pursuant to the Farmland Mapping and 3 R:~S P~Harveston SP\City CouncilLRESO CC EIR Findings.doc Monitoring Program of the California Resources Agency. The site currently is not zoned for agriculture use, is not under a Williamson Act Contract, nor is it located within an Agricultural Preserve. None of the surrounding properties support long-term productive agricultural activities (Initial Study, p. 5). B. Mineral Resources. No mineral resources are known to occur within the project boundaries (Initial Study, p. 10). C. Population/Housing/Employment. The buildout of the Harveston Specific Plan is accounted for in the General Plan and future growth scenarios for the City. However, there will be extensions of infrastructure associated with this project. The project will serve as an attractor for additiona~ growth in the local area or region. Population The proposed project will provide a maximum of 1,921 new housing units in the City of Temecula. Based on the current population generation factor (Temecula Subdivision Ordinance) of 2.85 persons per single family unit and 2.43 persons per multi-family unit, the project is expected to generate a residential population of 5,349 new residents (Draft EIR, p. 5- 164). The proposed project is consistent with the regional population projections of the Southern California Association of Government (SCAG) and does not exceed the 6,205 persons forecasted by SCAG for the project, as set forth in the Regional Comprehensive Plan and Guide and the Subregional Comprehensive Plan prepared by the Western Riverside Council of Governments (WRCOG) (Final EIR, p. 2-20). According to the General Plan, at buildout, the area within the City limits will have 39,658 dwelling units and a population of 112,254 persons. By providing 5,349 persons, the project will enable the City to provide housing to meet the needs of this expected population growth. Therefore, the level of population generation is consistent with the General Plan and is not considered significant. Housing The project will add 1,921 dwelling units to the City's existing housing stock. The project is consistent with the City's land use policies contained in the City of Temecula General Plan. The project proposes single family and multi-family units with a range of different densities, which will provide housing opportunities for a range of people. The provision of housing of this type is consistent with the City's objective to encourage the provision of adequate sites for housing (City of Temecula, 1994-1999 Housing Element, p. 4-42). In addition, the development of the housing units proposed in the project would help the City to achieve its 1998-2005 Regional Housing Needs Assessment (RHNA) number as determined by SCAG and WRCOG. The RHNA is a key tool for SCAG and WRCOG to plan for projected growth in the region. As specified by the RHNA, the City of Temecula has a projected housing need for 7,798 housing units during the 1998-2005 period (WRCOG, July 23, 1999). Since the project is consistent with the Temecula General Plan City land use policies, impact will be less than significant (Final EIR, p. 2-20). Employment In a regional context, the Harveston site lies within the WRCOG Subregion, which is defined by SCAG to be housing-rich and jobs-poor (Regional Comprehensive Plan and Guide, SCAG, 1994). SCAG projects a jobs/housing ratio of 0.99 for the year 2015. The project is expected to create 1,400 jobs in the service commercial and neighborhood mixed uses (i.e., retail, restaurant, etc.) within the Mixed Use Village Center. Although the project will result in the 4 RAS P'd-larveston SP\City Council~RESO CC E1R Findings.doc development of residential units in an already housing-rich subregion, SCAG projects a housing-rich ratio for the subregion in 2015. Therefore, the project is is not in conflict with the SCAG projections. Additionally, SCAG's regional growth management policies are based on the adopted General Plan development projections. As discussed above, the Harveston project is consistent with the City of Temecula General Plan. Furthermore, according to the General Plan EIR, the jobs/housing balance is measured on a citywide basis rather than a project specific basis, and as a whole, Temecula's land use policy works toward achieving regional jobs/housing goals (City of Temecula General Plan EIR, p. 199). Implementation of the Specific Plan project would be growth-inducing in terms of a localized employment increase. However, the increase in local employment is a major goal of the City's General Plan (Draft EIR, p. 7-1). Section 2. Findings. The City Council of the City of Temecula determined that based on all of the evidence presented, including the Final EIR, written and oral testimony given at meetings and hearings, and submission of testimony from the public, organizations, and regulatory agencies, the environmental impacts associated with the Harveston Specific Plan will have a less than significant impact through the EIR and therefore do not require the imposition of mitigation measures: A. Land Use Compatibility. The 549.5-acre site currently consists of vacant land once used for cattle and sheep grazing. The proposed Harveston project site is surrounded by existing and proposed/approved developments (Draft EIR, p.5-3). The proposed project will result in the development of single family residential, multi family residential, service commercial, retail commercial, community park, lake, lake park, trails, and school site, which will establish new land use relationships with adjacent land uses. These uses proposed are consistent with the density and intensities of the City of Temecula General Plan Land Use Plan (Draft EIR, p.5-14). Due to the overall design of the proposed Harveston project, no significant impact, including on- and off-site land use relationships, were identified in this area (Draft EIR, p. 5-15 and 5-18). The proposed project will not result in conflicts or inconsistencies with the applicable goals and policies of the Land Use, Circulation, Housing, Open Space/Conservation, Growth Management/Public Facilities, Public Safety, Noise, Air Quality, Community Design, and Economic Development Elements of the City of Temecula General Plan. Additionally, no impacts to the City of Temecula Development Code are anticipated (Draft EIR, p. 5-19 through 5-23). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. However, the proposed project is consistent with the City of Temecula General Plan, City Development Code and Subdivision Ordinance and Citywide design guidelines. Therefore, no significant cumulative land use consistency impacts are anticipated. (Draft EIR, p. 5-3). B. Transportation and Circulation - Emergency Access and Parking Emergency Access The proposed project will improve local circulation (including emergency access) as well as access to nearby uses by providing needed roadway and intersection improvements. The 5 R:~S PkHarveston SP\City Council~,ESO CC EIR Findings.doc circulation portion of the Specific Plan will help provide adequate access for local residents and emergency vehicles. Parking The proposed public facilities (e.g., parks, schools) will provide adequate onsite parking, so no offsite parking should be impacted. The circulation portion of the Specific Plan will provide for adequate parking both in terms of numbers of spaces and location. There will be no construction parking on adjacent streets; therefore, offsite parking impacts would not be significant. C. Air Quality. Construction activities generate evaporative emissions of volatile organic compounds (VOC) from paints, solvents, asphalt, roofing tar and other coatings. Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, ROG/VOC emission impacts will be less than significant (Draft EIR, p. 5- 98). Through compliance with SCAQMD regulations on paint volatility, and with the anticipated rate of project completion, the project's incremental contribution to ROG / VOC emission impacts will be less than significant (Draft EIR, p. 5-103). D. Noise. The project noise impact study indicated that off-site noise impacts will be individually and cumulatively less than significant. Additionally, the noise impacts on the site from the French Valley Airport are considered to be less than significant (Draft EIR, p. 5-120). E. Biological Resources. 1. Potential Project Impacts to Biological Resources (General Impacts). Implementation of the proposed project would not remove or alter any significant natural or native vegetation formations on the property because they do not currently exist on site. The site contains no natural wetland habitat or other sensitive natural assemblages. No natural plant communities or natural populations of native species would be affected, directly or indirectly, by the proposed development. The project would generate no direct significant adverse impacts to natural wildlife habitats on a local or regional scale (Draft EIR, p. 5-155). At least one native raptorial bird species, the red-tailed hawk, uses the site as foraging habitat. However, foraging habitat for raptor species is not regionally unique, therefore the loss of this resource would not be considered a significant impact (Draft EIR, p. 5-156). 2. Impacts to Sensitive Species. No sensitive (rare or endangered) plant, invertebrate, fish, amphibian, reptile, bird or mammal species are known or expected to reside within, or occur in a resource-dependant relationship with, any portion of the overall site. Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Additionally, the focused survey for the QCB revealed that there are no QCB occurring on this parcel and therefore no impacts from development would occur (Draft EIR, p. 5-156). The proposed project will not result in impacts to sensitive (rare or endangered) plant or animal species as none has been identified as occurring onsite (Draft EIR, p.5-157). F. Cumulative Impacts (Land Use, Aesthetics and Geology) 6 R:\S P~Harveston SP\City CouncilLRESO CC EIR Findings.doc The Temecula General Plan EIR examined impacts associated with build out within the corporate city limits, its sphere of influence, and a larger "area of interest." The Harveston Specific Plan is accounted for within the total unit count. Regional growth plans were also examined in evaluating cumulative impacts on a regional basis (Final EIR, p. 2-20). The General Plan policies and standards which serve as mitigation measures for the potential cumulative effects of all development under the General Plan have been applied to the Harveston Specific Plan whenever applicable. Among the many General Plan policies applied to the Harveston Specific Plan are the following (Final EIR, p. 2-20 and Specific Plan, Appendix A): Incorporating the village concept into large master-planned developments; Providing development standards that ensure high quality design; Incorporating pedestrian and bicycle trails into project design; Providing adequate circulation improvements to support the level of development proposed; and Establishing setbacks along Alquist-Priolo Special Studies zones; The incorporation of the General Plan policies and standards in the Specific Plan from the start have ensured that land use, aesthetic and geology cumulative impacts associated with the development are less than significant (Specific Plan, Appendix A). Land Use The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will incrementally contribute to the cumulative impact of development in the area. The potential development of the project is consistent with the City of Temecula General Plan, City of Temecula Development Code and Subdivision Ordinance and Citywide Design Guidelines. No significant cumulative land use consistency impacts are anticipated (Draft EIR, p. 5-23). Aesthetics The project in conjunction with other proposed or on-going projects occur within an urbanizing area, The City of Temecula General Plan designates the area for urban uses. Development will result in changes to the appearance of the landscape as viewed from public roads. Proposed cumulative development will also contribute to cumulative night lighting and daytime glare and reflective impacts. Because the proposed development is a master planned community with detailed Specific Plan Design Guidelines and is anticipated by the General Plan, and it is a continuation of existing land use patterns, the project's incremental cumulative aesthetic impact is not considered significant (Draft EIR, p. 5-31) Geology and Soils Generally, geotechnical issues are sit-specific and will be limited to within the development boundaries of the Specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EIR, p. 5-131). Section 3. The City Council hereby finds that mitigation measures outlined in the Draft EIR have been incorporated into the Harveston Specific Plan that avoid or substantially lessen the following potentially significant environmental impacts identified in the Specific Plan Draft EIR to ? R:\S P~l-larveston SP\City CouncilXRESO CC EIR Findings.doc a less than significant level. The potentially significant project impacts and the mitigation measures which have been adopted to mitigate them to a less than significant level are as follows: A. Aesthetics / Light and Glare 1. Potential Significant Impact. The project site is currently undeveloped. Implementation of the Harveston project will alter the aesthetic character of the area. The project's development could potentially degrade the existing visual character or quality of the site and its surrounding; however, the proposed project includes features, which help avoid potential aesthetic impacts. These features include consideration of residential planned development with comprehensive landscaping plans, and other site design proposals (i.e., expanded landscaped parkways along the perimeter roadways and aesthetically pleasing wall treatments) which will minimize the aesthetic impacts of the project (Draft EIR, p.5-30). Aesthetic compatibility and light pollution are potentially significant impacts. While the Specific Plan includes provisions to ensure quaJity design and compatibility, ongoing review and monitoring will be required to avoid potential impact. The proposed community park will include ball fields and lighting associated with sporting activities. The "sky glow" condition emanating from the proposed development may impact the Mount Palomar Observatory. A potential exists for a significant aesthetic impact if the project results in substantial light and glare (Draft EIR, p. 2-3,4) 2. Findings. Implementation of the following mitigation measures will reduce potential aesthetic impacts to a less than significant level: a. During development plan review process, all amhitectural and landscape design plans and plant palettes shall be reviewed and approved by the City. (Draft EIR, p.5-32) b. Prior to the issuance of building permits for Phase 2, the community park lighting shall be reviewed and approved by the Community Services Director as part of the review process of the construction plans. (Draft EIR, p. 5-32) c. The Master Developer shall provide the prospective homebuyers a notice that the 16-acre community park will include sports field lighting for evening use. Proof of this notification shall be provided to the Planning Director prior issuance of building permits. (Draft EIR, p.5-32) d. In order to mitigate potential impacts to the Mt. Palomar Observatory, ail lighting shall be reviewed by the City to assure utilization of Iow pressure sodium vapor lamps; shielding to prevent upward illumination; and compliance with the Ordinance No. 655. (Draft EIR, p.5-32) 3. Supporting Explanation. The following details from the Draft EIR and Specific Plan illustrate that the project will not have any significant impact upon aesthetics and that any potential aesthetic impact will be reduced to a less than significant level through requirements and standards in the Specific Plan and the mitigation measure identified above: The proposed Harveston project shall comply with the applicable codes and standards including the CaJifornia building Code, Uniform Fire Code, etc. Compliance with the City's standards shall assure safe utilization of the facilities at night by the public (Draft EIR, p. 5-32). 8 R:\S PLHarveston SP~City Council~q. ESO CC E1R Findings.doc With implementation of the above mitigation measures, no significant impacts related to aesthetics and light and glare are anticipated (Draft EIR, p. 5-32). B. Transportation / Circulation 1. Potentially Significant Impact Phase I -2002 Scenario: Under this scenario there will be an increase in traffic levels. At Phase I buildout the project is anticipated to generate approximately 12,515 trips per day (Draft EIR, p. 5-43). When project-related traffic is added to the 2002 background traffic, all of the study intersections are found to operate at Level of Service D or better except for the two intersections, Winchester Road/Ynez Road and Winchester Road/Margarita Road. This is considered a significant impact. Intersection improvements have been identified that would allow Level of Service D or better to be maintained at both intersections and reduce this impact to a less than significant level. The additional left-turn opportunity would also improve the current operation of both intersections. Please refer to Mitigation Measure 1 below in Section 3.2.2, which requires the project's implementation of these intersection improvements (Draft EIR, p.5-45). In addition to improvements proposed at the two intersections mentioned above, the Phase I project traffic generated by the Harveston project would require additional intersection and roadway improvements in order to achieve acceptable service levels. The onsite roadway improvements (see Mitigation Measures 2a and 2b) are part of the Harveston project's Circulation Plan (Draft EIR, P. 5-50). Project Buildout - 2005 Scenario: Under this scenario there will be an increase in traffic levels. Based on the assumed land uses, the entire project (both components) would generate approximately 41,767 daily vehicle trips. It should be noted that at project buildout the residential planned community component of the Specific Plan generates 17,678 daily trips or 42% of the total 41,767 daily trips and the service commercial component generates 24,089 daily trips or 58% of the total daily trips (Draft EIR, p. 5-41). The HCM analysis indicates that with the project, a total of ten off-site intersections would result in a level of Service F during one or both of the peak hours. This is considered a significant cumulative impact. Since the project's traffic contributes incrementally to this cumulative impact, it will be responsible for its fair-share of the improvements. With the implementation of Mitigation Measure 3 below in Section 3.2.2, the project's incremental impact can be reduced to a less than significant level (Draft EIR, p. 5-60). In addition to the off-site intersection improvements, the 2005 with project build-out scenario will require the additional intersection and roadway improvements in the immediate project vicinity to accommodate project traffic access and to achieve acceptable service levels. The on-site roadway improvements (see Mitigation Measures 4a and 4b) are part of the Harveston project's Circulation Plan (Draft EIR, p. 5-74). The impact is mitigated with project improvements and mitigation measures (Mitigation Measures 3 through 5) (Draft EIR, p.5-82 and 83). Additionally, the currently adopted Temecula Circulation Plan is no longer consistent with the adopted City of Murrieta Circulation Plan which shows a Cherry Street alignment. Although the project site plan evaluated in this Traffic Impact Analysis proposes a circulation system, which is consistent with the currently adopted Circulation Plan for Temecula, the onsite circulation could be easily modified to accommodate and facilitate implementation of the Alternative Draft Proposed Circulation Plan if it is adopted. The modifications necessary to provide consistency with the Draft Circulation Plan would not measurably alter the offsite impacts and improvement R:~S P~Harveston SP\Cit¥ Counci]~ESO CC EiR Findings.doc needs that have been identified in the EIR Traffic section. Because the adoption of the City's Draft Proposed Circulation Plan may occur subsequent to the City's action on the proposed project, Mitigation Measure 6 has been proposed to ensure that the Harveston project's implementation would not prevent implementation of the City's Draft Circulation Plan (Draft EIR, p. 5-77). Traffic Demand and Systems Management The existing site does not now provide alternative transportation opportunities for area residents. The circulation portion of the Specific Plan will provide for alternate transportation opportunities. The project site does not presently provide access for pedestrians or bicyclists due to its unimproved condition and isolated location. The circulation plan of the Specific Plan provides both pedestrian and bicycle circulation for area residents as well as project visitors. This proposed network of sidewalks and trails will provide non-vehicular access to the service commercial area, onsite and offsite schools, the extensive park and recreation system and the mixed use Village Center. The proposed sidewalks and Class II bike lanes on Margarita Road will eventually allow non-vehicular access offsite, and will tie into trails along Santa Gertrudis Creek. A separate transit plan, bicycle plan and open space / recreation plan (which includes trails) have all been included in the Specific Plan. Mitigation Measures 7 through 9 will help reduce vehicle trips and traffic congestion (Draft EIR, p. 5-76). 2. Findings. Implementation of the following mitigation measures will reduce Phase I project traffic impacts to a less than significant level: Phase 1 Scenario - Year 2002 a. Prior to issuance of 1st occupancy permit for Phase I Residential and 1st occupancy permit for Phase I service commercial, the developer(s) shall implement the improvements for intersections 28, 29, 30A, 30B and 31 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. Prior to issuance of 326t" occupancy permits for the Phase I Residential and more than 8 acres of Phase I Service Commercial development (i.e. the southern portion of Planning Area 12), the developer(s) shall implement the improvements or pay their fair-share improvement costs for the improvements for intersections 4 and 5 outlined in Table 6, Exhibits 26A-26C of this EIR, and listed below. City shall review and adopt a funding mechanism for the improvement costs above the Project percentage for 'flair share" consistent with Section 12.3 of the Specific Plan, the "Financing Mechanism". Intersection Improvement Needs 2002 With Project Phase I ID No. I Intersection I Improvements I Project% Prior to issuance of 1st Occupancy Permit for Phase I Residential and lS~ Occupancy Permit for Phase I Service Commercial 28 Rustic Glen Dr @ (1) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 10 R:\S P~larveston SP\City CouncilLRESO CC EIR Findings.doc Intersection Improvement Needs 2002 With Project Phase I ID No. Intersection Improvements Project % 29 Margarita Rd @ (1) Add NB Left Turn Lane South Project (2) Add SB Right Turn Lane Residential (3) Add EB Left Turn Lane 100% (4) Add EB Right Turn Lane (Dual) (5) Install Traffic Signal 30A South Project (1) Add EB Through Lane Residential Access Rd Inbound @ Internal (2) Add NB Left Turn Lane 100% Loop Access Rd (3) Add NB Right Turn Lane (4) Add WB Through Lane (5) Install Traffic Signal 30B South Project (1) Add EB Through Lane Residential Access Rd Outbound @ Internal (2) Add EB Right Turn Lane Loop Access Rd (3) Add WB Through Lane 100% (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1 ) Add NB Through Lane Residential Access Rd @ Internal Loop (2) Add NB Right Turn Lane Access Rd (3) Add WB Left Turn Lane 100% (4) Add WB Right Turn Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on WB Approach Prior to issuance of 326~n Occupancy Permit for Phase I residential and more than 8 acres of Phase I Service Commercial 4 Winchester Rd @ (1) Modify Signal to Provide NB Right Turn Ynez Rd Overlap Phase (2) Modify Signal to Provide SB Right Turn 45% Overlap Phase (3) Add EB Through Lane 5 Winchester Rd @ (1 ) Modify Signal to Provide SB Right Turn 51% Margarita Rd Overlap Phase (2) Add EB Left Turn Lane b. Prior to issuance of occupancy permits for Phase I, the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development and Roadway Phasing Plan identifies the proposed timing for on-site Roadway Improvement Needs. A program for the improvements listed below with an ..... shall be completed to the satisfaction of the City and the developer (Draft EIR, p.5-81). Complete 4-lane widening of Margarita Road to Arterial highway standards between Santa Gertrudis Creek and Date Street.* · The proposed South Residential Access Road and Loop access Road will be constructed to provide adequate access to the first phase of the Harveston project. This will include at a minimum, the following key on-site circulation components: tl R:\S P~-]arvcston SP\CJiy Council~q. ESO CC E[R FindJ. ngs.doc South Residential Access Road, which provides two lanes in each direction with provisions for a median left-turn lane at the intersection with Margarita Road. East Residential Access Road (i.e., extension of Rustic Glen), which provides one lane in each direction with provisions for a median left turn lane at margarita Road and the internal Loop Access Road. Loop Access Road, which provides a single lane in each direction with a center two-way left-turn lane. Additionally, turn lanes may be needed at key intersections (refer to Exhibits 26A-26C). Curbside parking should not generally be provided along the internal Loop Access Road except where required by the City of Temecula. The provision of curb parking should consider sight distance limitations, which may occur along the interior of the Loop Access Road. Bike lanes shall be provided on the three principal on-site roadway described above. c. Prior to issuance of occupancy permits for Phase I, the developer(s) shall pay the current City's established DIF, less any DIF credits applicable to the project. In lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Improvement Needs identified previously in Mitigation Measures 1 and 2a above (Draft EIR, p.5-82). 3. Findings. Implementation of the following mitigation measures will reduce project Build-Out traffic impacts to a less than significant level: Project Build-Out Scenario - Year 2005 a. Prior to the issuance of occupancy permits for the Phase II build- out of Residential (i.e., beyond 476 single family units and 346 multi-family units) and Service Commercial (i.e., beyond 20 net acres in Planning Area 12), and Village Center neighborhood commercial (i.e., beyond 8,000 square feet), the developer(s) shall pay their fair-share improvement costs for the intersection improvements outlined in Table 8 of this EIR and listed below. The specific timing of project 2005 build-out improvements (Phase 2 through Phase 4) shall be consistent with the Traffic Mitigation Monitoring Program (TMMP), as required in Mitigation Measure 5 below. Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Project % 1 Winchester Rd @ (1) Add EB Right Turn Lane Jefferson Ave (2) Add NB Right Turn Lane (Dual Right) (3) Add Southbound Left Turn Lane 16% (4) Convert SB Right Turn Lane to Shared Through and Ri~lht Turn Lane 2 Winchester Rd @ (1 ) Add EB Right Turn Lane 1-15 Southbound (2) Add SB Dedicated Left Turn Lane (Dual Left) and 23% Ramp Widen Off Ramp to Accommodate the Added Lane 4 Winchester Rd @ (1 ) Add EB Left Turn Lane (Dual Left) Ynez Rd (2) Add EB Through Lane (3) Modify NB Through Lane to Shared Through and Left Turn Lane 12 R:~S P'ffIarveston SP\City CouncilhO, ESO CC EIR Findings.doc intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Proiect % (4) Modify Signal to Provide NB Right Turn Overlap 62% Phase (5) Split NB and SB Signal Phases (6) Add WB Through Lane (7) Add SB Shared Through and Right Turn Lane 5 Winchester Rd @ (1) Modify Signal to Provide SB Right Turn Overlap Margarita Rd Phase (2) Modify Signal to Provide NB Right Turn Overlap 42% Phase (3) Add EB Left Turn Lane (Dual) 10 Murrieta Hot Springs (1) Add WB Left Turn Lane (Dual) Rd. @ Jefferson Ave (2) Channelize NB Right Turn Lane to Allow Free 4% Right Turn Movement 12 Murrieta Hot Springs (1) Add WB Right Turn Lane Rd @ Alta Murata Dr (2) Modify WB Shared Through and Right Turn Lane 21% to Through Lane 13 Murrieta Hot Springs (1) Modify EB Through Lane to Shared Through and Rd @ Margarita Rd Right Turn Lane (2) Modify NB Through Lane to Shared Through and 43% Left Turn Lane 18 Overland Dr @ (1) Modify Signal to Provide WB Right Turn Overlap Jefferson Ave Phase (2) Modify Signal to Provide NB Right Turn Overlap 14% Phase (3) Split NB and SB Signal Phases (4) Add EB Right Turn Lane 19 Overland Dr @ (1) Add WB Right Turn Lane Ynez Rd (2) Modify WB Shared Through and Right Turn Lane to Through Lane 27% (3) Modify Signal to Provide WB Right Turn Overlap Phase (4) Modify Signal to Provide SB Right Turn Overlap Phase 26 Overland Dr @ (1) Modify NB Through Lane to Shared Through and Margarita Rd Left Turn Lane 100% (2) Split NB and SB Signal Phases 28 Rustic Glen Dr @ (1) Add EB Left Turn Lane Margarita Rd (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through 100% and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB Approach 30A South Project- (1) Add EB Through Lane Residential Access (2) Add NB Left Turn Lane 13 R:~ P'ffIarveston SP\City CouncilhO, ESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUiLD-OUT SCENARIO ID No. Intersection Improvements Proiect % Rd Inbound @ (3) Add NB Right Turn Lane 100% Internal Loop Access (4) Add WB Through Lane Rd. (5) Install Stop Signs on EB and WB Approaches 30B South Project Resi- (1) Add EB Through Lane dential Access Rd. (2) Add EB Right Turn Lane Outbound @ Internal (3) Add WB Through Lane 100% Loop Access Rd (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 31 East Project (1) Add NB Through Lane Residential Access !(2) Add NB Right Turn Lane Rd. @ Internal Loop (3) Add WB Left Turn Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Sign on WB Approach 32 Date St @ Ynez Rd (1 ) Add 3 EB Through Lanes (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 42% (7) Add 2 WB Through Lanes (8) Add 2 WB Left Turn Lanes (Dual Left) (9) Add WB Right Turn Lane (10) Add 2 SB Through Lanes (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal 33 Date St @ Service (1) Add NB Through Lane Commercial Access I (2) Add NB Right Turn Lane (3) Add WB Left Turn Lane (4) Add WB Right Turn Lane 100% ,(5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on NB and SB Approaches 34 Date St @ North (1 ) Add 2 EB Through Lanes Project Residential (2) Add EB Left Turn Lane Access Rd (3) Add EB Right Turn Lane (4) Add NB Shared Through and Left Turn Lane (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane 76% (7) Add 2 WB Through Lanes (8) Add WB Left Turn Lane (9) Add WB Right Turn Lane (10) Add SB Shared Through and Right Turn Lane (11 ) Add SB Left Turn Lane (12) Install Traffic Signal 35 North Project (1) Add EB Through Lane 14 R:\S PXHarveston SP\City Council'tRESO CC EIR Findings.doc Intersection Improvement Needs 2005 WITH PROJECT BUILD-OUT SCENARIO ID No. Intersection Improvements Proiect % Residential Access (2) Add EB Left Turn Lane Rd. Internal Loop (3) Add WB Through Lane Access Rd (4) Add WB Right Turn Lane 100% (5) Add SB Left Turn Lane (6) Add SB Right Turn Lane (7) Install Stop Signs on EB and WB Approaches 36 Ynez Rd @ (1) Add EB Through Lane Service Commercial (2) Add EB Right Turn Lane Access II (3) Add NB Left Turn Lane (4) Add NB Right Turn Lane 100% (5) Add WB Through Lane (6) Add WB Left Turn Lane (7) Install Stop Signs on EB and WB Approaches 37 Ynez Rd @ (1 ) Add EB Right Turn Lane Service Commercial (2) Add 2 NB Through Lanes Access III (3) Add NB Left Turn Lane 77% (4) Add 2 SB Through Lanes (5) Add SB Right Turn Lane (6) Install Stop Sign on EB Approach 38 Ynez Rd @ (1) Add EB Shared Through and Right Turn Lane Service Commercial (2) Add EB Left Turn Lane Access IV (3) Add 2 NB Through Lanes 86% (4) Add NB Left Turn Lane (5) Add NB Right Turn Lane (6) Add WB Shared Through and Right Turn Lane (7) Add WB Left Turn Lane (8) Add 2 SB Through Lanes 86% (9) Add SB Left Turn Lane (10) Add SB Right Turn Lane '(11 ) Install Traffic Signal 39 Date St @ (1) Add EB Shared Through and Left Turn Lane Margarita Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add WB Shared Through and Right Turn Lane 37% (8) Add WB Left Turn Lane (9) Add SB Through Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal b. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall implement the Roadway Improvement Needs identified below. Exhibit 10, Development Phasing Plan identifies the proposed timing for On-site Roadway Improvement Needs. A fair-share program 15 R:\S P~larveston SP\City CouncilhRESO CC EIR Findings.doc for the improvements listed below with an * shall be completed to the satisfaction of the City and the developer (Draft EIR, p.5-85, 86). Construct Date Street between the Service Commercial Access Driveway and Margarita Road as a 6-lane restricted access Urban Arterial. The exact alignment of Date Street (or Cherry Street) needs to be coordinated with study efforts related to the proposed future Date Street (or Cherry Street) interchange. · Realign and extend Ynez Road from current terminus to just south of Date Street as a 4- lane Major. · Construct Ynez Road from the northern project boundary to just south of Date Street as a 4-lane Arterial. Construct the North Residential Access Road between Date Street and the internal Loop Access Road as a 4-lane road with provisions for a median left-turn lane at the intersection with Date Street. Construct the internal Loop Access road as a two-lane roadway with center two-way left turn lane. Curbside parking shall not generally be provided along the Loop Access Road except where required by the City of Temecula. The provision of curb parking shall consider right distance limitations that may occur along the interior side of the Loop Access Road. · Bike lanes shall be provided along the Loop Access Road and all three project access roads from Date Street and margarita Road. c. Prior to issuance of occupancy permits for the build-out of residential and service commercial (Planning Area 12), the developer(s) shall pay the current City's established DIF, less any available DIF credits. In lieu of the DIF payment, at the City's discretion, the developer(s) may implement the off-site Roadway Improvement Needs identified previously in Mitigation Measures 3 and 4a above (Draft EIR, p.5-86). d. Prior to the recordation of the first map or the approval of the first development application in Planning Area 12, whichever occurs first, the land area required for the future interchange (approximately 10 acres) shall be dedicated to the City of Temecula. e. Consistent with the City's Circulation Element policies, the Harveston project shall implement a Traffic Mitigation Monitoring Program (TMMP) related to the project's traffic impacts. This program would include a series of focused traffic studies that address the potential incremental traffic impacts and roadway system needs associated with subsequent development phases of the project. The EIR traffic study has identified the project- related traffic impacts and roadway system improvement needs at both build-out of the project and for Phase 1 of the project. This traffic study also provides a measure of the overall project's mitigation responsibilities. The intent of the Traffic Mitigation Monitoring Program is not to re- define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of these improvements (Draft EIR, p.5-86). The Traffic Mitigation Monitoring Program proposes that a focused traffic study be prepared prior to occupancy of development included in each of the future development phases (e.g., 2, 3, and 4). The focused traffic study would: 1) document ambient traffic volumes conditions; 2) 16 R:\S PXHarveston SP\City Council\RESO CC EIR Findings.doc estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the focused traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the focused traffic study is to be performed) and/or those roadways that are part of the General Plan arterial road network. City in proactively planning for area roadway improvements (Draft EIR, p.5-86). f. Prior to approval of the Final Map, the developer(s) shall demonstrate to the satisfaction of the City's Department of Public Works that the project will allow for the facilitation (i.e., through ROW reservation) of the City's ultimate Circulation Plan (Draft EIR, p.5-86). Traffic Demand and Systems Management Measures: In addition to the previously roadway and/or intersection improvements identified in Mitigation Measures a through f above, the following transportation system management / transportation demand management (TSM / TDM) measures are recommended to help reduce vehicular trips and traffic congestion: g. Prior to the approval of a tentative map or development plan, the developer will forward tract maps to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and the RTA (Draft EIR, p.5-86). h. Prior to the approval of a tentative map for individual planning areas or development plan, the developer and City staff will review plans, specially for multi- family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft fIR, P.5-86, 87). i. During the development plan review, major employers (i.e., more than 250 employees) who locate their business within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Council of Governments (RCTC/WRCOG) guidelines (Draft EIR, p.5-87). 4. Supporting Explanation. In order to lessen the need for vehicle trips and to facilitate pedestrian and bicycle movement throughout the Project, the Specific Plan provides a system of bikeway and pedestrian pathways. These amenities will be provided along Margarita Road, Ynez Road, Santa Gertrudis Creek, Date Street and Loop Access Road (Draft EIR, p. 5-76). With the implementation of the project as proposed, including the Specific Plan Circulation Element and Mitigation Measures (including recommended roadway and intersection improvements), no significant traffic impacts will result from the proposed project under the Phase I - 2002 and Full Build-Out 2005 Scenarios (Draft EIR, p. 5-87). 17 R:\S P'tHarveston SP\City Council~RESO CC EIR Findings.doc The main objective of the Circulation Plan is to provide direct and convenient access to individual residential enclaves, employment and service land uses through a safe and efficient network including arterial, secondary, collector, and local roadways, and a pedestrian trail/sidewalk system. The Loop Road, which will be the primary circulation route through Harveston, is envisioned as a landscaped parkway, with a right-of-way width of 66-feet. This accommodates a 44-foot road width, with wide parkway strips on either side (Draft EIR, p. 5-74 - 75). Roadways adjacent to the site will be improved to provide efficient access. All other residential roads, cul-de-sacs, and alley designs will be developed in conjunction with tentative tract maps for individual planning areas (Draft EIR, p. 5-74 - 75). C. Noise 1. Potential Significant Impacts. Construction activities, especially heavy equipment, will create short-term noise increases near the project site. With little development on the project site, initial heavy construction will not have significant noise impact potential. Such impacts may however, become important if construction occurs near already completed residential uses during later phases of project development (Draft EIR, p. 5-108). Upon completion, project-related traffic will cause an incremental increase in areawide noise levels throughout the Temecula area. Traffic noise impacts are generally analyzed both to insure that the project does not adversely impact the acoustic environment of the surrounding community, as well as to insure that the project site is not exposed to an unacceptable level of noise resulting from the ambient noise environment acting upon the project (Draft EIR, p. 5- 108). 2. Findings. The following Mitigation Measures will be implemented to reduce potential noise impacts to a less than significant level Short-term construction impact The following measures are required to reduce short-term construction noise impacts: a. As specified in City of Temecula Ordinance No. 94-25, no construction may occur within one-quarter (1/4) of a mile of any occupied residence during the following hours (Draft EIR, p. 5-119): 6:30 p.m. to 6:30 a.m., Monday through Friday. Before 7:00 a.m. or after 6:30 p.m., Saturday. At any time on Sunday or any nationally recognized holiday. b. All construction equipment shall use properly operating mufflers, and no combustion equipment such as pumps, generators or motors shall be allowed to operate within one quarter (1/4) mile of any occupied residence from 6:30 p.m. to 6:30 a.m. unless such equipment is surrounded by a noise protection earthen berm or solid barrier (Draft EIR, p. 5- 119). c. All construction staging shall be performed as far as possible from occupied dwellings (Draft EIR, p. 5-119). 18 R:\S P\Harveston SP\City CouncilhU, ESO CC EIR Findings.doc Long-term noise impact The following measures are required to achieve compliance with City standards for land use compatibility with respect to interior and exterior noise: d. A noise mitigation analysis shall be performed, at the final map stage (for individual planning areas), for all future project noise-sensitive uses potentially exposed to noise levels in excess of 60dB CNEL to verify that planned noise protection will meet City of Temecula standards (Draft EIR, p. 5-119, 120). Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. Interior living areas shall be protected to achieve noise levels of less than 4 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of way along Date Street are anticipated to be necessary. Precise wall geometrics shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filled with the appropriate agency. 3. Supporting Explanation. The proposed Harveston project shall comply with the applicable codes and standards. Compliance with the City's standards shall assure regulations of nuisance noise during all phases of construction and operation of the project (Draft EIR, p. 5-119). Implementation of mitigation measure 4 and the rear yard perimeter protection for usable outdoor space (yard, patio, spa, etc.) for proposed homes along Date Street, Ynez Road, and Margarita Road will reduce the impacts to less than significant. In addition, implementation of mitigation measures 1-3 listed above, for temporary noise impacts emanating from construction activities, will reduce the short-term impacts to a level of less than significant (Draft EIR, p. 5- 120). D. Geology and Soils 1. Potential Significant Impact. The proposed project may introduce potential impacts related to seismic activity and other soils and geologic hazards (i.e., liquefaction, lateral spreading, earth-quake induced flooding, expansive soils, permanent cut slopes, surficial slopes instability, shrinkage and subsidence, and soil corrosivity) (Draft EIR, p. 2-18). Generally, geotechnical issues are site-specific and will be limited to within the development boundaries of the specific Plan site; therefore, no cumulative geotechnical impacts are anticipated (Draft EI R, p. 5-131 ). 2. Findings. The following Mitigation Measures will be implemented to reduce potential project geology and soils impacts to a less than significant level: 19 R:\S PXHarveston SP\City CouncirtRESO CC EIR Findings.doc a. During staff review of the tentative map for individual planning areas, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations (Draft EIR, p. 5- 132). b. Prior to the issuance of a grading permit, the recommendations contained in section 6.0 of the geotechnical study, located in Appendix E of the Draft EIR shall be incorporated into the earthwork activities of the proposed project to the satisfaction of the City Engineer. Earthwork activities include grading removals, subdrains, permanent slopes, temporary slope excavations, utility trench backfill, and site drainage. Additional recommendations are presented to mitigate the potential impacts related to liquefaction, expansive soil potential, and shrinkage and subsidence (Draft EIR, p. 5-132). c. Prior to the issuance of a building permit, the recommendations contained in Section 7.0 of the geotechnical study, located in Appendix E of this document shall be incorporated into the structura design of the proposed project to the satisfaction of the Chief Building Official. Structural design activities include: foundation design; retaining walls; slabs- on-grade; and appurtenant facilities (Draft EIR, p. 5-132). d. Prior to issuance of a building permit, it shall be proven to the Department of Building and Safety that al structures shall be designed in accordance with the seismic design provisions of the California Building Codes or Structural Engineering Association of California to promote safety in the event of an earthquake (Draft EIR, p. 5-132, 133). 3. Supporting Explanation. Application of the following standard conditions and uniform codes will reduce a number of potential impacts to a level of less than significant (Draft EIR, p. 5-131,132): · UBC, City Building Codes, and applicable seismic standards will reduce ground-shaking and related seismic effects to a level of less than significant. UBC, City Building Codes, and geotechnical report requirements will reduce impacts related to liquefication and seismically related soil conditions to a level of less than significant. · City grading and Building Codes will reduce impacts related to disposal of excavated material, to a level of less than significant. · UBC or City grading and Building Codes will reduce impacts related to unstable cut and fill slopes to a level of less than significant. · Cai OSHA Construction Safety Orders and City grading and Building Codes will reduce impacts related to trench wall stability to a level of less than significant. · City grading and Building Codes will reduce impacts related to erosion of graded areas to a level of less than significant. · City grading and Building Codes will reduce impacts related to alteration of runoff, to a level of less than significant. 20 R:\S PL-qarveston SP\City CouncilXRESO CC EIR Findings.doc · City grading and Building Codes will reduce impacts related to unprotected drainage ways to a level of less than significant. · City grading and Building Codes will reduce impacts related to increased impervious surfaces to a level of less than significant. With implementation of the mitigation measures listed above and compliance with standard federal, state, and local building codes, potential project impacts associated with seismic activity and other soil / geologic hazards will be reduced to levels less than significant (Draft EIR, p. 5- 133). E. Hydrology and Drainage 1. Potential Significant Impact. The proposed project has the potential to result in a long-term impact on water quality due to the addition of pollutants typical of urban runoff. Additionally, the proposed project has the potential to increase impervious surfaces, leading to increased runoff. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues (i.e., water quality impacts, erosion, down stream siltation). The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious surfaces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). 2. Findings. The following Mitigation Measures will be implemented to reduce ~otential hydrology and drainage impact to a less than significant level: a. Prior to issuance of any grading permits for any areas larger than 5 acres m size, the developer shall submit a "Notice of Intent" (NOI), along with the required fee to the applicable Regional Water Quality Control Board or the State Water Resources Control Board to be covered under the State national Pollutants Discharge Elimination System (NPDES) General Construction permit and provide the City with a copy of the written reply containing the developer's identification number (Draft EIR, p. 5-146). b. Prior to the issuance of the grading permits, the developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extent practical using best management practices, erosion control techniques and systems, design and engineering method and such other provision which are appropriate (Draft EIR, p. 5-147). Storm Water Quality Alternatives c. Catch Basin Filters: Storm water runoff may contain quantities of oil and grease from the use of vehicles. Catch basin filters could be installed on the on-site catch basins to absorb these contaminants before they get into the storm drain system. Catch basin filter is a filter which utilizes a natural absorbent material called Amorphos Alumina silicate (Fossil Rock) to filter out oil and grease and also maintain sufficient flow rate. Exact design of the filters may vary according to the characteristics of the proposed catch basins. A maintenance program would need to be developed, if possible to make this practice practical. R:\S P~ltarveston SP\City Council'uO. ESO CC EIR Findings.doc Such a program typically includes periodic inspections, debris removal, local area cleanup, and replacement of filter absorbent material. An entity would need to be identified to carry out the maintenance program (Draft E IR, p. 5-147). d. Catch Basin Cleaninq: Cleaning of catch basin would be performed regularly to remove debris and reduce pollutant concentrations before first flush during storm seasons. Cleaning would also minimize clogging of the catch basin filter and underground drainage system. This catch basin cleaning practice should be at minimum provided once a year before the wet season to eliminate debris accumulated during the summer (Draft EIR, p. 5-147) e. Storm Drain System Siqna.qe: The Standard "No Dumping" signs would be posted at all the catch basin on-site (Draft EIR, p. 5-147) f. Household Hazardous Waste Collection and Education: Information regarding the City's or County's mobile collection program, or a stationary collection site if the City or County has one in the area, or businesses in the area certified to take in such waste could be given to new home buyers by the homebuilder at the time of new home purchase. If a homeowners association (HCA) is formed for this development, similar information could be disseminated on a regular basis (newsletters, billings, etc.) through this organization. The HCA and homebuilder could obtain information on programs from and coordinate with the City's Community Services Department (Draft EIR, p. 5-147). 3. Supporting Explanation. All construction activity will comply with NPDES requirements, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Aisc, all commercial development will comply with NPDES requirements for stormwater runoff control, as implemented and enforced by the California Regional Water Quality Control Board, San Diego Region. Prior to the issuance of occupancy permits, the City will ensure that any required permanent facilities are in place. Compliance with these standard requirements will be mandated for the project (Draft EIR, p. 5-146). With implementation of proposed Mitigation Measure 1, the potential impacts to drainage will be reduced to a level less than significant (Draft EIR, p. 5-147). With implementation of proposed Mitigation Measure 1, the potential impacts associated with flooding will be reduced to a level less than significant (Draft EIR, p. 5-147). With implementation of proposed Mitigation Measures 2 and 3, the potential impacts to water quality will be reduced to level less than significant (Draft EIR, p. 5-147). Implementation of proposed Mitigation Measures 1 through 3 will reduce the project's contribution to potential cumulative drainage, flooding, and water quality impacts to a level less than significant (Draft EIR, p. 5-147). Incorporation into the Specific Plan of these mitigation measures will result in changes or alterations to the Specific Plan that will reduce hydrology and drainage impacts to a less than significant level. 22 R:~S PLHarveston SP~City Council'uRESO CC E1R Findings.doc F. Biological Resources 1. Potential Significant Impacts. Impacts to Sensitive Species Although the proposed project occurs within the SKR Habitat Conservation Plan Area, this species is highly unlikely to occur onsite, and implementation of the SKR mitigation fees will reduce potential impacts to a level less than significant. Impacts to Jurisdictional Areas The proposed project will impact approximately 2.86 acres of '`waters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. The project has obtained a 404 permit from the Army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creating. With the implementation of the 404 and 1603 permit conditions, no significant impacts to Jurisdictional Waters are anticipated (Draft EIR, p. 5-156). 2. Findings. The following Mitigation Measures will be implemented to reduce potential biological resources impact to a less than significant level a. Prior to the issuance of a grading permit, the developer shall provide proof to the Department of Public Works and planning that the conditions of 404 and 1603 permits pertaining to the arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits (Draft EIR, p. 5-157). b. Prior to the issuance of a grading permit, the developer shall pay applicable SKR mitigation fees in accordance with Chapter 8.24 (Habitat Construction) of the Temecula Municipal Code (Draft EIR, p. 5-157). 3. Supporting Explanation. Although no impact has been identified to SKR, implementation of the above standard condition will ensure that any potential impact to SKR regionally is mitigated to less than significant level. The proposed project will impact approximately 2.86 acres of "waters of the United States." No wetlands or riparian plant communities will be effected by the proposed project. Lennar Homes has obtained a 404 permit from the army COE and a 1603 Agreement from the CDFG. Mitigation for these impacts includes avoidance and habitat creation. Mitigation Measure 1 requires implementation of conditions of 404 and 1603 regarding restoration of the Arroyo Park, which will reduce impacts to levels of insignificance. The project, in conjunction with other past, present, and reasonably foreseeable future projects, will incrementally contribute to the cumulative loss of biological resources. The project's incremental contribution to this impact will be mitigated to a less than significant level (Draft EIR, p. 5-157). G. Public Services and Utilities 1. Potential Significant Impact. The proposed project will create increased demand for public services and utilities on a local and regional basis (Draft EIR, p. 2-22). Fire According to the Temecula Fire Services and Riverside County Fire Department, future development of the project site will not create a need for expansion of facilities or addition of 23 R:~S P~I-Iarveston SP\City Council~RESO CC EIR Findings.doc staff nor will it adversely impact the level of Service presently provided. Because the proposed project is located within City limits, the Fire Services Fees are included in the City's Development Impact Fees (DIF). With implementation of Mitigation Measures 1-4, potential impacts would be mitigated to less than significant levels (Draft EIR, p. 5-163). Police Development within the project area will adversely impact the level of police services presently provided. Calls for service will increase, requiring additional staff and office time to manage the project area. According to the City of Temecula Police Department, development of the project site will create the need for an additional storefront field office facility to support walk-in type "Calls for Service" (Draft EIR, p. 5-163). The proposed project would also create the need for additional staff. revenue budgeted for such an expansion (Draft EIR, p. 5-163). Schools Presently, there is no The development of 1,921 new residential units would generate 787 additional elementary school students, 337 middle school students, and 244 high school students. A new elementary school site would be needed since the school currently serving the area in no longer able to expand on the existing site. Additionally, expansions to Day Middle School and Chaparral High School would be required to house new students. Additional staff would also be required to serve the students (Draft EIR, p. 5-164). Parks and Recreation The proposed project would create additional demands on existing recreation facilities and service related programs. Implementation of the Harveston Specific Plan will create an additional demand for parks and recreation facilities. Additional staffing would be anticipated to fulfill these needs in concurrence with project development (Draft EIR, p. 5-164). Library The development of 1,921 new houses will generate additional patrons and will ultimately create a need for additional library staff, space, and additional resources. Additionally, the proposed project will create an increase in traffic though the library. The project will pay library fees, which are included in the City's DIR Fees to offset the project's effect on library facilities. The annual special tax paid by property owners helps offset library operations and maintenance. With implementation of Mitigation Measure 12, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-165). Public Transportation The proposed project is anticipated to result in an increased demand for extended service to cover the project site. The project will create a need to expand coverage of the current TemeculaJMurrieta routes. Additional buses are also needed to meet demands for increased service. Bus turnouts and shelters to serve future residents shall be provided as required and established by the City Engineer, director of Planning, and the RTA (Draft EIR, p. 5-165). Water Implementation of the proposed project would result in development of land uses that may impact existing water services and facilities. Although the Rancho California Water District 24 R:\S P'~Harveston SP\City Council~,ESO CC EIR Findings.doc foresees no problems serving the proposed project, construction of Winchester Reservoir No. 2 by RCWD will occur on an as-needed basis as water demands increase in the 1380 Pressure zone (Draft EIR, p. 5-165). Sewer Implementation of the proposed project may result in additional demand on the existing sewer system from increased sewage flows, but will not adversely impact the level of service presently provided (Draft EIR, p. 5-166). Harveston Specific Plan area is located within the sewer service boundaries of Eastern Municipal Water District (EMWD). According to the Eastern Municipal Water District, the existing facilities can accommodate this increased demand. Expansion of facilities and additional staff will be required over time (Draft EIR, p. 5-166). Storm Drainaqe / Flood Control The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects will result in a cumulative impact related to hydrology and drainage issues. The project's incremental contribution to this impact can be mitigated to a level less than significance. Water runoff will cumulatively increase due to the introduction of impervious sun"aces. The proposed mitigation measure will reduce the project's incremental cumulative impact to a level less than significant (Draft EIR, p. 5-146). Natural Gas Southern California Gas Company (SCG) indicated that gas service could be provided in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. With implementation of Mitigation Measure 13, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171). Electricity Southern California Edison Company (SCE) does not anticipate any significant impacts in providing the project site with electrical power. SCE stands ready to install distribution facilities for the project site. With implementation of Mitigation Measure 14, potential significant impacts would be mitigated to less than significant levels (Draft EIR, p. 5-171 ). Solid Waste Project implementation will increase the amount of solid waste generated in the region, which in turn will increase the demand upon services of waste haulers in the project area. In addition, the construction phase of the development will also produce on-site solid waste (Draft EIR, p. 5- 171). There appears to be adequate landfill space for the present and immediate future, and the City participates in solid waste management activities through its SRRE. Based on this information, no significant solid waste utility impacts are expected with the implementation of Mitigation Measure 15 through 19. The project will be consistent with the goals of the General Plan related to utility systems after implementation of the proposed Mitigation Measures 15 through 19 (Draft EIR, p. 5-172). 25 R:~S P\Harveston SP\City Council'uRESO CC EIR Findings.doc 2. Findings. The following Mitigation Measures will be implemented to reduce potential public services and utilities impact to a less than significant level: Fire a. Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Fire Protection Facilities Component per dwelling unit and per square foot of commercial spaces as adopted by the City of Temecula (Draft EIR, p. 5-176). b. Prior to issuance of building permits, the developer will demonstrate that all structures on-site shall be constructed with fire retardant roofing material as described in section 3202 of the California building Code. All roof materials shall be a class "B" rating and shall be approved by the Fire Department prior to installation (Draft EIR, p, 5-177). c. Prior to the issuance of building permits, the developer will demonstrate that all water mains and fire hydrants provide required for flows and shall be constructed in accordance with the appropriate sections of the Temecula Municipal Code Ordinance No. 99-14 and No. 99-23, subject to approval by Temecula Fire Service during design review (Draft EIR, p, 5-177). d. Prior to the issuance of building permits, the developer will demonstrate compliance with fire flow, street width, and design requirements as established by the City and County departments, as appropriate (Draft EIR, p, 5-177). Police e. Prior to the approval of development plans, the developer shall incorporate the following crime prevention measures within the detailed design plans for each tract map submitted to the City for review. The City of Temecula, Crime Prevention Officer shall review detailed plans for proposed residential and commercial uses in order to insure incorporation on these measures (Draft EIR, p, 5-177): · On-site street, walkways and bikeways shall be illuminated in order to enhance night time visibility; · Doors and windows shall be visible from the street and between buildings in order to discourage burglaries and potential suspect hiding places; · Fencing heights and materials utilized are intended to discourage climbing; · The numbering identification system utilized on-site shall be visible and readily apparent in order to aid emergency response agencies in quickly finding specific locations; and Walls along backbone streets will utilize graffiti resistant materials in their construction. In addition, shrubs, vines and espaliers shall be planted along the outside of these wails in order to provide coverage thereby further discouraging graffiti and climbing. Schools f. The project developer has entered into a Mitigation Agreement with the Temecula Valley Unified School District to insure the provision of adequate facilities at the time of project occupancy. The developer has been required to provide a school site and/or pay school fees pursuant to the agreement. (Draft EIR, p, 5-177). 26 R:~ P~[~¥cston SP\City Council.~RESO CC E]R Findir~gs.doc g. The conveyance of the elementary school site has occurred in accordance with District policies in effect at the time of development. The agreement regarding conveyance shall be provided to the City prior to the recordation of the tentative tract map for Phase 1 (Draft EIR, p. 5-177, 178). Parks and Recreation h. Prior to tentative map approval for individual planning areas, all recreational facilities shall be reviewed and approved by the Temecula Community Services Department (TCSD) and the Planning Department, to ensure that said facilities are in accordance with the City of Temecula standards (Draft EIR, p, 5-178). i. Prior to the approval of the final map for individual planning areas, the developer will dedicate land or contribute to the City's in lieu park fees in accordance with the City of Temecula Subdivision Ordinance (Draft EIR, p, 5-178). j. Prior to final map approval for individual planning areas, the developer will certify that ownership and maintenance of all open space/conservation areas will be the responsibility of a private entity and/or the Temecula Community Services Department, as determined by the Temecula Community Services Department (Draft EIR, p, 5-178). k. Prior to the issuance of building permits for Phase 2, specified in the Specific Plan, the 16.5-acre Community Park shall be completed per TCSD requirements and conveyed by grant deed to the City of Temecula (Draft EIR, p. 5-178). Library ]. Prior to the issuance of building permits, developer of individual projects shall pay the Development Impact Fee - Libraries Component (Draft EIR, p, 5-178). Public Transportation Impacts are addressed in Section 5.3 of the Draft EIR. Please refer to Mitigation Measures 6 through 8 in Transportation / Circulation Section of this Mitigation Monitoring Program (Draft EIR, p, 5-178). Water Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on water, no mitigation measures are necessary (Draft EIR, p, 5-178). Sewer Because implementation of the project as proposed, including the Specific Plan master utility plans, standard conditions, and uniform codes, is not expected to produce any significant impacts on sewer, no mitigation measures are necessary (Draft EIR, p. 5-179). 27 R:\S PkHarveston SP\City CouncilhO. ESO CC E1R Findings.doc Storm Drainaqe / Flood Control Please refer to Hydrology and Drainage Section of this Mitigation Monitoring Program for a discussion of impacts related to storm drainage (Draft EIR, p. 5-179). Natural Gas m. Prior to issuance of building permits, The Gas Company or designated natural gas provider shall be consulted with during the building design phase for further energy conservation measures (Draft EIR, p. 5-179). Electricity n. Prior to issuance of building permits, Southern California Edison (SCE) shall be consulted with during the building design phase for further energy conservation measures (Draft EIR, p. 5-179). Solid Waste o. Prior to the issuance of occupancy permits, the developers will inform all refuse generators within the project site, in writing, about opportunities for recycling and waste reduction (i.e., buy-back centers, curbside recycling, etc.). The use of such facilities will be encouraged by the developer, through information (e.g., materials accepted, location, etc.) provided in sales literature (Draft EIR, p. 5-179). p. rior to the issuance of building permits, the developer will provide adequate areas for collecting and loading recyclable materials (recycling areas) in the commercial and multi-family residential areas. This will help the City comply with the California Solid Waste Reuse and Recycling Access Act of 1991 (AB 1327). The developer will also demonstrate compliance with established standards for design, siting, and operation of recycling areas and programs (Draft EIR, p. 5-179). q. All residential units within the Harveston Specific Plan shall participate in the City's three (3) bin recycling system for the collection of solid waste, recyclable, and green waste materials (Draft EIR, p. 5-179). r. All multi-family, commercial, and industrial waters shall be processed at the material Recovery Facility in the City of Perris or similar recovery facility (Draft EIR, p. 5-179). s. Proof shall be provided to TCSD that, construction debris, including but not limited to lumber, asphalt, concrete, sand, paper, metal, etc. shall be recycled (Draft EIR, p. 5-179). 3. Supporting Explanation. All utility and public services improvements proposed as part of the Harveston Specific Plan/EIR will meet applicable City of Temecula, County of Riverside, and uniform codes (i.e., plumbing, fire, building) including potable water and sewer pipelines, electrical cables and writing, and natural gas lines. The proposed improvements will go through City's development review process and construction inspection program to ensure proper compliance with these standards and codes (Draft EIR, p. 5-176). 28 R:XS P'~-Iarveston SP\City Council'uRESO CC EIR Findings.doc The proposed project will create increased demand for public services and utilities on a local and regional basis. After mitigation, potential project impacts are reduced to a less than significant level. Additionally, the project, in conjunction with other past, present and reasonably foreseeable future projects, will create an increased demand on fire, police, schools, parks and recreation, library, public transportation, water, sewer, storm drainage/flood control, natural gas, electricity, and solid waste services and facilities. Implementation of mitigation measures will reduce each incremental cumulative impact on the associated public services and/or utilities to a level less than significant (Draft EIR, p. 5-180). P. Cultural Resources 1. Potential Significant Impact. Pursuant to Section 15064.5 of the CEQA Guidelines, the proposed project would not result in substantial adverse change in the significance of a historic or archaeological resource; however, it may directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. According to the General Plan, the project site does not contain areas of sensitivity for archaeological resources, but it does contain areas considered to be high in sensitivity for paleontological resources. RMW Paleo Associates prepared a cultural resource study for the Specific Plan area, which consisted of a literature review and records search and a walkover survey (Initial Study, p. 7). 2. Findings. a. Inspection personnel will monitor onsite grading, including excavated soil stockpiles, especially in areas where Pauba or unnamed Sandstone formations are disturbed, for evidence of paleontological, archaeological, or historical artifacts (e.g., shells, fossils, bones, pottery, charcoal deposits, arrowheads, etc.). If any artifacts are discovered during grading, work will be halted and qualified personnel will be retained to examine, evaluate, and determine the most appropriate disposition of the resource(s) (Draft EIR, p. 8-21). 3. Supporting Explanation. According to the study, no archaeological sites were found on the project site. Although paleontological sites were not found on the site, according to the study, project implementation could expose fossils through grading and other development activities. Implementation of the above mitigation measure ensures that exposure of cultural resources during grading/construction does not occur (Initial Study, p. 7). Section 4. The City Council hereby finds that, despite the incorporation of mitigation measures outlined in the Draft EIR, the following impacts cannot be fully mitigated to a less than significant level, and a Statement of Overriding Considerations is therefore included herein: A. Air Quality (Short-term Construction Related and Long-term) 1. Potential Significant Impact. The proposed project will have a short-term impact on air quality from construction activities. The grading of the project site, the construction of the buildings, and construction worker trips will create temporary emissions of dust, fumes, equipment exhaust, and other air contaminants throughout the project construction period. Pollutant emissions can vary substantially from day to day, depending on the level of activity, the specific operations, and the prevailing weather (Draft EIR, p. 5-97). Additionally, the proposed project will result in short-term air quality impact by daily exceeding the threshold for NOx. It will also add emissions to a non-attainment air basin causing significant impact, which cannot be mitigated (Draft EIR, p. 2-12). 29 R:~S P~Harveston SP\City CouncilhRESO CC EIR Findings.doc The proposed project will also result in long-term air quality impact by daily exceeding the threshold for CO, NOx, PM10 and ROG. The proposed project will add emissions to a non- attainment air basin, causing significant impact (Draft EIR, p. 2-15). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significantly cumulative long-term impacts to air quality (Draft EIR, 2-16). 2. Findings. Implementing the following mitigation measures will reduce long-term air quality impacts to the extent feasible: a. Prior to grading and construction, the developer shall be responsible for compliance with the following (Draft EIR, p. 5-101): i. During clearing, grading, earth moving, or excavation, maintain equipment engines in proper tune, ii. After clearing, grading, earth moving, or excavation: 1) Wet the area down, sufficient enough to form a crust on the surface with repeated soakings, as necessary, to maintain the crust and prevent dust pick up be the wind. 2) Spread soil binders; and 3) Implement street sweeping as necessary. iii. During construction: 1) Use water trucks or sprinkler systems to keep all areas where vehicles move damp enough to prevent dust raised when leaving the site; 2) Wet down areas where vehicles move damp enough to prevent dust raised when leaving the site; 3) Use Iow sulfur fuel (.05% by weight) for construction equipment. iv. Discontinue construction during second stage smog alerts. b. Prior to grading and construction, the developer shall be responsible for compliance with the following (Draft EIR, p. 5-101,102): minimize daily emissions. Require a phased schedule for construction activities to ii. Schedule activities to minimize the amount of exposed excavated soil during and after the end of work periods. iii. Treat unattended construction areas with water (disturbed lands which have been, or are expected to be unused for four or more consecutive days). iv. possible on construction sites. Require the planting of vegetative ground cover as soon as at construction sites. Install vehicle wheel-washers before the roadway entrance 30 R:\S P'fflarveston SP\City CouncilXRESO CC EIR Findings.doc vi. Wash off truck leaving sites. vii. Require all truck hauling dirt, sand, soil, or other loose substances and building materials to be covered, or to maintain a minimum freeboard of two feet between the top of the load and the top of the truck bed sides. viii. Use vegetative stabilization, whenever possible, to control soil erosion from storm water especially on super pads. ix. Require enclosures or chemical stabilization of open storage piles of sand, dirt, or other aggregate materials. x. Control off-road vehicle travel by posting driving speed limits on these roads, consistent with City standards. xi. Use electricity from power poles rather than temporary diesel or gasoline power generators. c. Prior to grading and construction, the developer shall be responsible for the paving of all access aprons to the project site and the maintenance of the paving (Draft EIR, p. 5-102). d. Prior to issuance of grading permits, the developer shall be responsible for assuring that construction vehicles be equipped with proper emission control equipment to substantially reduce emissions (Draft EIR, p. 5-102). e. Prior to issuance of grading permits, the developer shall be responsible for the incorporation of measures to reduce construction related traffic congestion into the project grading permit. Measures, subject to the approval and verification by the Public Works Department, shall include, as appropriate (Draft EIR, p. $-102): i. Provision of rideshare incentives. ii. Provision of transit incentives for construction personnel. interference. iii. Configuration of construction parking to minimize traffic iv. Measures to minimize obstruction of through traffic lanes. v. Use of a flagman to guide traffic when deemed necessary. f. Prior to the building/construction operations, individual contractors will commit in writing to the following (Draft EIR, p. 5-102): i. Scheduling receipt of construction materials to non-peak travel periods (i.e., 7:30 - 8:30 AM and 4:00 - 6:00 PM); sensitivity; and ii. Routing construction traffic through areas of least impact 31 R:~S P'ffIarveston SP\City CounciruRESO CC EIR Findings.doc iii. Limiting lane closures and detours to off-peak travel periods. g. Prior to the approval of tentative maps and/or development plans, developers will submit tract maps and/or street improvement plans to the RTA for review and comment regarding bus turnouts, shelter, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City. City staff will focus of the review plans for commemial uses to provide transit related features (Draft EIR, p. 5-102). h. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities (Draft EIR, p. 5-103). i. Prior to the approval of a development plan, City staff will review plans for all service commercial uses to encourage the provision of park and ride facilities (Draft EIR, p. 5-103). j. Prior to the issuance of building permit, the developer shall provide proof to the City's Traffic Engineer that the project has contributed its fair-share towards regional traffic improvement systems (i.e., traffic impact fees) for the area. This shall include efforts to synchronize traffic lights on streets impacted by project development (Draft EIR, p. 5- 103). k. Prior to the issuance of building permits, the developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow-emission water heaters, solar roof tiles, energy efficient appliances, dual parted windows, Iow-pressure sodium parking lights, etc. Additionally, residential products constructed by the home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features (Draft EIR, p. 5-103). 3. Supporting Explanation. The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for construction activities. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measure 1 though 6 are proposed to reduce this impact (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future project, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. The project's incremental contribution to this impact will be reduced by Mitigation Measures 1 through 6. The project's incremental impact, after mitigation, remain significant (Draft EIR, p. 5-103). The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EIR, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. Further, the addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation 32 R:\S P~Harveston SP\City Council~RESO CC EIR Findings.doc Measure g and k are proposed to reduce this impact. This impact even with proposed mitigation cannot be reduced to a level less than significant (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). B. Cumulative Impact on Air Quality 1 Potential Significant Impact. The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in a short-term air quality impact due to construction activities. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact (Draft EIR, p. 5-100). The proposed project in conjunction with other past, present, and reasonably foreseeable future projects will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be an impact. The project's incremental impact cannot be reduced to a level less than significant (Draft EIR, p. 5-100). 2. Findings. The same mitigation measures identified in Section 4.1 above will help to slightly lessen the cumulative air quality impacts. Yet, no feasible mitigation measures exist which would reduce the cumulative impact of average daily pollutant emissions to a less than significant level. 3. The City of Temecula requires all projects within its jurisdiction to conform with SCAQMD Rule 403.2 and other applicable SCAQMD regulations regarding grading and construction. The SCAQMD Rule 403.2 includes standard conditions for construction activities to minimize the production of air pollutants including fugitive dust (Draft EIR, p. 5-101). The proposed project is anticipated to exceed SCAQMD's daily threshold emission levels for CO, NOx, PM10 and ROC. The daily exceedance of the thresholds for CO, NOx, PM10 and ROC is a long-term air quality impact. (Draft EIR, p. 5-103). The proposed project, in conjunction with other past, present, and reasonably foreseeable future projects, will result in significant cumulative long-term impacts to air quality. The addition of emissions to an air basin designated as non-attainment is considered under CEQA to be a significant impact. Mitigation Measures g through k will reduce the proposed project's incremental contribution to this impact by reducing the proposed project's mobile and stationary source emissions. The project's incremental impact, after mitigation, remains significant (Draft EIR, p. 5-103). Under CEQA Guidelines Section 15093, a Statement of Overriding Considerations would need to be adopted for the air quality impacts, which remain significant after mitigation (Draft EIR, p. 5-103). 33 R:\S P'fflarveston SP\City Council'tRESO CC EIR Findings.doc Section 5. Alternatives. The City Council hereby declares that it has considered the alternatives identified in the Draft EIR as described below. CEQA requires that an EIR evaluate a reasonable range of alternatives to a Project, or to the location of the Project, which: (1) offer substantial environmental advantages over the Project proposal, and (2) may be feasibly accomplished in a successful manner within a reasonable period of time considering the economic, environmental, social and technological factors involved. An EIR must only evaluate reasonable alternatives to a Project which could feasibly attain most of the Project objectives, and evaluate the comparative merits of the alternatives. In all cases, the consideration of alternatives is to be judged against a "rule of reason." The lead agency is not required to choose the "environmentally superior" alternative identified in an EIR if the alternative does not provide substantial advantages over the proposed Project and (1) through the imposition of mitigation measures the environmental effects of a Project can be reduced to an acceptable level, or (2) there are social, economic, technological or other considerations which make the alternative infeasible The City's General Plan identifies goals and policies that are relevant to the Specific Plan and the City as a whole, which are to provide for the orderly development of Temecula, in general, and also specifically for the Harveston site. A General Plan Consistency Analysis was prepared for the Harveston Specific Plan, as Appendix A of the Specific Plan. A copy of this analysis is also attached to this document as Exhibit B. A. Land Use Alternative 1. Description. The "Business Park Land Use" alternative proposes 30-acre of Business Park within southern portion of Planning Area 12 which under the proposed project is designated as Service Commercial. Please note that the proposed alternative described herein would be designated as "Business Park" in the City of Temecula General Plan and would be similar to the "Light Industrial" under the City of Temecula Development Code. The advantage of this alternative is to create a better transition between the Service Commercial within the Specific Plan area (remaining 82.4 acres of the proposed Service Commercial) and the existing adjacent Business Park/Light Industrial uses to the south. Additionally, while creating a more compatible use with the existing surrounding uses to the south, the addition of this use diversity within the overall Specific Plan area. It introduces new uses within the Business Park designation which otherwise would not be permitted within the Harveston Specific Plan. Depending on the final location of the interchange, the Business Park alternative may constrain the ability to implement commercial uses south of Date Street. If the alternative Cherry Street alignment is selected, the exact business park area would be somewhat modified but would remain roughly the same size (Final EIR, p. 6-2). This alternative is to be consistent with the Rate and Method of Apportionment adopted as part of Community Facility District 98- 01. 2. Finding. The Planning Commission finds that the environmental impacts for this alternative would remain the same as the original proposed project, except for transportation/circulation impacts, which are reduced from the proposed project. The reduction of traffic under this alternative resulting in reduced transportation/circulation impacts would also be carried through to air quality and noise impacts (Draft EIR, p. 6-2). 3. Supporting Explanation. This alternative is feasible. While it meets the City's objectives, it does not meet the developer's objective to maximize future potential property values. This alternative does not require any additional land that would not be under the City or developer's ownership. This alternative reduces overall traffic by reducing total ADT by (6%). This reduction would also create less long-term air quality and noise impacts compared to the original proposed land use plan. It introduces better compatibility with the existing uses to the 34 R:\S P~uttarveston SP\City CouncilkRESO CC EIR Findings.doc south and creates more diversity within the Specific Plan area. This alternative should remain under consideration (Draft EIR, p. 6-4). B. City-Wide Build-Out Circulation Alternatives 1. Description. As indicated in the April 1999, Notice of Preparation for this project and within Section 5.3 of this EIR, the City of Temecula's Circulation Element Update is currently in progress (Draft EIR, p. 6-5). The proposed Land Use Plan (Exhibit 4 in Section 3.0) identifies proposed land uses, as well as a proposed Circulation Plan that would accommodate the City's Citywide transportation needs. The Date Street Connection (as shown on Exhibit 4) is identified on the City's Existing Circulation Element. As identified within Section 5.3 of this EIR, under the City's Ultimate Build-Out Traffic Scenario, significant cumulative build-out impacts (i.e., LOS D or greater) occur along several roadways in the project vicinity (refer to Exhibit 44). The following circulation alternatives were analyzed in the EIR (Draft EIR, p. 6-5). Alternative 1 - Cherry Street Interchange Alternative The current Draft Proposed Circulation Plan that refers to a Cherry Street Connection (Over- crossing / Interchange Alternative) is consistent with the recently adopted Circulation Plan roadway configuration within the City of Murrieta. The objectives of this alternative Circulation Plan were: 1) to conform to the General Plans for the Cities of Temecula and Murrieta, 2) to maintain the Cherry Street Connection and any associated improvements wholly within the Temecula City Limits, and 3) maintain an alignment, which is consistent with City Traffic Engineer Design Standards. Alternative 2 - Date Street Over-Crossing Alternative This roadway configuration alternative proposes a Date Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was performed for this alternative (Draft EIR, p. 6-8). Alternative 3 - Cherry Street Over-Crossing Alternative This roadway configuration alternative proposes a Cherry Street over-crossing, which has been incorporated into the build-out model network component. A build-out traffic analysis was performed for this alternative (Draft EIR, p. 6-8). 2. Finding. The City Council finds that because the three (3) above described circulation alternatives would essentially include the same quantity of development (i.e., 1,921 dwelling units and + 112 acres of Service Commercial). The majority of environmental issue impacts associated with the circulation alternatives would essentially be similar to the impacts identified in the EIR (i.e., biology, geology, etc). Aside from the differences in the long-term City-wide traffic impacts, the Cherry Street Connection Circulation Alternatives would result in a slightly larger Arroyo Park (+ 1.5 acres) and the Cherry Street Interchange alternative would require the acquisition of additional property not currently under the developer's or City's ownership. Both the Date and Cherry Over Crossing Only Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-8). Therefore, the City Council hereby adopts the Cherry Street Interchange Alternative. 3. Supporting Explanation. The above discussed circulation alternatives are feasible. The Cherry Street Connection Alternatives would require land not currently under the City or developer ownership. The Draft Circulation Plan Alternative with a Cherry Street Interchange does reduce long-term Citywide circulation impacts over the existing adopted City's 35 RSS P~Iarveston SP\City Council~RESO CC EIR Findings.doc Cimulation Element. It should be noted that the Draft Circulation Plan Alternative with a Date Street Interchange would result in similar Citywide circulation improvements beyond the City's existing Circulation Element. Both the Date and Cherry Over-crossing Alternatives would result in greater long-term Citywide circulation impacts (Draft EIR, p. 6-12). C. Community Park Design Alternatives 1. Description. The five (5) Community Park design alternatives were developed in response to suggestions / input from Temecula Community Services Department (TCSD) and the City of Temecula Planning Department, following their review of the original Conceptual Community Park Plan (Draft EIR, p. 6-14). Aside from the variation in the layout of park facilities (which do not change the impacts analysis results), the five (5) proposed park design alternatives incorporate the following modifications: 1) the realignment of Equity Drive, and 2) the utilization of the 1.25-acre out parcel in Alternatives 1 through 4. The rational for these modifications are: 1) the Equity Drive realignment provides for greater buffer / separation of the proposed park from the existing Winchester Highlands Business Park uses (i.e., Channel Commercial), and 2) the utilization of the 1.25-acre excluded parcel allows for a more balanced park parcel configuration, which result in a greater efficiency of park facility layout. The discussion below summarizes each design alternative. It should be noted that the key difference between these alternatives for CEQA analysis purposes is the Equity drive interface and how the excluded-parcel issue is addressed (Draft EIR, p. 6-14). Alternative 1 - Equity Drive Realignment and Use of Excluded Parcel This alternative includes all the TCSD required facilities. Although the ballfields meet the TCSD dimension criteria, there is some overlap in centerfield of the baseball / softball fields. This alternative requires approximately 12 light poles for the athletic fields. (Draft EI R, p. 6-14). Alternative 2 - Equity Drive Realignment and Use of Excluded Parcel This alternative is a slight variation of the alternative 1 layout with the parking lot off Equity Drive shifting below the picnic area. The snack facility was also moved in this alternative. This alternative includes all the required TCSD facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 3 - Equity Drive Realignment and Use of Excluded Parcel This alternative is a further variation of the alternative 2 layout with the parking lot, picnic area, and snack facility remaining in the same location as alternative 2. However, the ballfields are laid out in a different manner with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. The 2 baseball fields still remain at 300'. Additionally, 4 basketball courts (not a TCSD required facility) were provided in this plan. This alternative requires approximately 11 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 4 - Equity Drive Realignment, But No Use of the Excluded Parcel 36 R:\S PkHarveston SP\City CouncilLRESO CC EIR Findings.doc This alternative is a partial variation of the alternative 1 layout with the parking lots, picnic area, and tot lot/play area occurring in a similar location to that of alternative 1. The layout of the fields is however, modified from alternative 1 to be more efficient. The baseball / softball diamonds and bleachers are all back to back with the snack facility centrally located between the four fields. This alternative includes all the TCSD required facilities; however, in an effort to reduce the ballfield overlap, the 2 softball fields were reduced to 260' from 300'. This alternative requires approximately 12 light poles for the athletic fields (Draft EIR, p. 6-15). Alternative 5 - Equity Drive Realignment, But No Use of the Excluded Parcel This alternative is a slight variation of alternative 3 with the exception that the parking lot at Equity Drive and a smaller picnic area is shifted to allow for the excluded parcel to remain. The basketball courts provided in alternative 3 are eliminated in this alternative. The ballfields area laid out in the same manner as alternative 3 with the diamonds side by side and the bleachers back to back. This configuration is the most efficient from a facility standpoint, and allows a direct path from the bleachers to the snack facility. This alternative requires approximately 11 poles from the athletic fields (Draft EIR, p. 6-15). 2. Finding. The Planning Commission finds that because all of the above described park alternatives are the same size (i.e., approximately 16.5 acres) and essentially occur in the same location as the original Community Park Plan, the environmental issue impacts associated with the park alternatives would essentially be similar to the impacts identified in the EIR. The following are the major differences and issues, which may affect the feasibility of the alternatives (Draft EIR, p. 6-20): The alternatives would require acquisition of additional property not currently under the developer's or City's ownership (alternatives 1 through 5 would require land for the Equity Drive realignment, and alternatives 1 through 4 would require excluded parcel acquisition). · The alternatives do provide a greater buffer between the Community Park and existing Channel Commercial. · The alternatives 1 through 4 do provide for a more efficient park parcel with a greater amount of useable area. 3. Supporting Explanation. These alternatives are typically feasible. They also meet the City and project developer objectives; however Alternatives 1-3 would require land not currently under City or developer ownership. Because Alternatives 1-3 require land not currently under City or developer ownership and could potentially impede the development of the Community Park, they are not the preferred alternatives and should be rejected from further consideration. All of these alternatives do not substantially reduce impacts associated with the original Plan, although they do provide for a greater buffer and more efficient park layouts. Alternatives 4 and 5 should remain under consideration (Draft EIR, p. 6-21). D. CEQA Alternatives 1. Descriptions> Alternative 1 - No Project / No Development 37 R:\S PXHarveston SP\City CounciBRESO CC EIR Findings.doc An evaluation of a "No Project/No Development" alternative is required by CEQA Guidelines Section 15126(d)(2). Under this alternative, the proposed project would not be implemented and the site would remain in its current undeveloped state (Draft EIR, p. 6-21). 2. Finding. The Planning Commission find that the "No Development" Alternative fails to address many of the Goals identified in the City's General Plan. The No Project/No Development alternative would restrict development of the project site by not allowing the construction of the uses proposed as a result of the Specific Plan. Land uses within the project area would remain as they are currently and no development identified in the specific Plan would occur (Draft EIR, p.6-21). Based on the above rationale, it is determined that the proposed Harveston project would already be creating less impacts compared to the General Plan buildout assumptions. The City of Temecula has become more urbanized, potential sites appropriate for development of specific plan projects have become more scame. Currently, the proposed Harveston project site is one the last remaining pieces of undeveloped land proposed for a specific plan (Draft EIR, p. 6-24). 3. Supporting Explanation. The assumption that no development at all would occur within the project boundary is an unlikely outcome based on existing zoning and the existing General Plan Land Use designations. This alternative does not meet the Project developer's objectives such as provision of residential, park/recreational and public/institutional (i.e., school) uses. Nor does it meet the City's objectives for the site such as (Draft EIR, p. 6- 23): · Provide a variety of housing types and opportunities for all economic segments of the community; · Develop new residential housing, which is compatible with the character of existing individual neighborhoods and minimizes land use incompatibility; · Encourage the use of Specific Plans in the undeveloped areas of the community; and · Ensure that a full range of public facilities and services are provided to meet the needs of the community. · Provide a complete and integrated mix of residential, service commercial, recreation, public and open space land uses. · Provide a land use pattern and intensity of development that encourages alternative modes of transportation, including transit, bicycling, and walking. Ensure that right-of-way dedication is provided to meet the City's long-term circulation goals and needs as identified in the Circulation Element of the General Plan. 38 R:\S P'xHarveston SP~City CouncilXRESO CC EIR Findings.doc It is, however, environmentally superior to the proposed project and remains under consideration (Draft EIR, p. 6-23). E. Other Alternatives Not Analyzed Alternative 2 - Development Under Existing General Plan/Zoning The Harveston project proposes 1,921 dwelling units, which is below the general plan buildout of 39,658 dwelling units. Additionally, the proposed number of vehicle trips from the Specific Plan is lower compared to the buildout of the General Plan. The site has a SP zoning designation and has been analyzed as a Specific Plan area under the General Plan EIR. The currently proposed Specific Plan has made minor changes to existing General Plan land use configurations by shifting certain uses around. The following lists the major differences in the Harveston Specific Plan (Draft EIR, p. 6-24): Location of the community park has changed from a more internal location to be moved adjacent to the service commercial (across and adjacent to Ynez Road) to provide more Citywide visibility of the park. · The currently proposed specific plan includes more open space and recreation facilities than depicted on the General Plan land use map for the site. A riparian habitat is proposed, as an Arroyo Park to preserve and enhance the US waters and Fish and Game streambed. The Arroyo Park contains an area of 13.8 acres and is located across Date Street, within Planning Areas 10 and 11. Development under existing General Plan/Zoning would not be an environmentally superior alternative because the environmental impacts would be more significant than the proposed project. No further analysis is warranted (Draft EIR, p. 6-24). Alternative 3 - Alternative Location This alternative considers locating the proposed project at a different site. This alternative is required by CEQA and is intended to evaluate the option of the development of the proposed project at another site. Pursuant to CEQA Guidelines, any alternative site evaluated herein must have similar characteristics as the project site including size, landform, and amenity opportunities. Development would include the same type of use, density, and intensity as the proposed project site (Draft EIR, p. 6-24). With regard to alternative locations for a Project, the CEQA Guidelines state that such analysis should be performed if "significant effects of the Project would be avoided or substantially lessened by putting the Project in another location" (Section 15126[d][5][B]). This EIR does not consider an alternative site for the following reasons: (a) Since the Project covers such a large area (549.5 acres), a similar site with existing infrastructure improvements, and one that is not already master planned for urban development, does not exist within the City of Temecula; and (b) Locating the same project at another site would not avoid or lessen the identified unavoidable significant (i.e., air quality) of the project; (c) the project proponent could not reasonably acquire an alternative site (Draft EIR, p. 6-24). 39 R:\S P~Harveston SP~City CouncilhRESO CC EIR Findings.doc Due to the fact that the City does not have a comparable area within its jurisdiction, the alternative location would not be a viable option. No further analysis is warranted (Draft EIR, p. 6-24). Section 6. Project Benefits and Statement of Overriding Considerations Pursuant to State CEQA Guidelines section 15093, the City Council must balance the benefits of the Specific Plan against any unavoidable environmental impacts in determining whether to recommend approval of the Harveston Specific Plan. If the benefits of the Specific Plan outweigh the unavoidable adverse environmental impacts, those impacts may be considered "acceptable." The City Council hereby finds that the Draft EIR has identified and discussed significant effects that will occur as a result of the Specific Plan. With the implementation of the mitigation measures discussed in the Draft EIR and Specific Plan, these effects can be mitigated to a less than significant level except for the unavoidable significant impacts as discussed in Section 4 of these Findings. The City Council declares that it has made a reasonable and good faith effort to eliminate or substantially mitigate the potential impacts resulting from the Specific Plan. The City Council finds that to the extent any mitigation measures recommended in the Draft EIR and/or Specific Plan could not be incorporated, such mitigation measures are infeasible because they would impose restrictions on the Specific Plan that would prohibit the realization of specific economic, social, and other benefits that this Planning Commission finds outweigh the unmitigated. The City Council declares that, having reduced the adverse significant environmental effects of the Specific Plan to the extent feasible by recommending adopting of the proposed mitigation measures, having considered the entire administrative record on the Specific Plan, and having weighed the benefits of the Specific Plan against its unavoidable adverse impacts after mitigation, the Planning Commission has determined that the following social, economic, and environmental benefits of the Specific Plan outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: The Specific Plan will allow the orderly, well planned development of the Harveston site, providing a range of housing types complementary to existing development in the City (Specific Plan, p. 3-1 & -5). The Specific Plan introduces a "unified project design" with standards and requirements for architectural forward residential development (Specific Plan, p. 10-68). The Specific Plan will provide for the development of a Village Center concept that centralizes activities, consistent with General Plan policy (Specific Plan, p. 3- 1). 4. The Specific Plan will provide over 75 acres of active and passive recreational park space (i.e., the lake as a central theme) (Specific Plan, p. 3-1, -6 & -7). The park recreation and open space provided by the Specific Plan is in excess of twice the open space uses provided for in the existing General Plan. 4O R:~S P~Harveston SP~City Council~ESO CC EIR Findings.doc The Specific Plan will integrate into the community an open space network comprised of parks, paseos, and connecting pedestrian/bicycle routes (Specific Plan, p. 3-6). The Specific Plan will include a 16.5-acre Community Park with four lighted 300' baseball/softball field with 2 full size soccer field overlays; 100 parking spaces within the park off Equity Drive; 25 parking spaces within the park off the Loop Road; large snack bar/restroom facility (1,800 square feet); small restroom adjacent to tot lot and picnic areas; and ball field and park lighting to be approved by the City. The Specific Plan will provide for the development of neighborhood and community commercial centers to provide needed services and reduce the number of cars traveling across the City for these services (Specific Plan, p. 3-5 & -6). The Specific Plan will provide housing to meet anticipated population growth throughout the Temecula Valley (Specific Plan, p. 3-1 & -5). The Specific Plan has provided for a new elementary school site prior to the construction of the first dwelling unit (Specific Plan, p. 3-6). 10. The Specific Plan will provide for the improvement of currently inadequate regional flood control facilities to provide 100-year storm protection (Specific Plan, p. 5-1). 11. The Specific Plan has provided in accordance with CFD 98-01 roadway improvements consistent with the General Plan Circulation Element and Specific Plan 3-7. 12. The Specific Plan accomplishes and implements the Temecula General Plan goals and policies (Specific Plan, p. 2-2 & 3-9). 13. During the life of the project, the Harveston Specific Plan will pay approximately 27 million in special tax pursuant to CFD 98-01 to finance the design and construction of public improvements currently serving the City in areas adjacent to the Harveston Specific Plan. 14. The proposed General Plan Land Use Designations allocated a total of 53.7 acres of open space compared to the existing General Plan Land Use Designations which allocated 25.4 acres of open space. The proposed general plan land use designations exceed the existing general plan land use designation of open space by 28.3 acres. The City Council finds that the foregoing benefits provided to the public through approval and implementation of the Specific Plan outweigh the identified significant adverse environmental impacts of the Specific Plan which cannot be mitigated. The Planning Commission further finds that each of the Specific Plan benefits outweighs the unavoidable adverse environmental effects identified in the Draft EIR and therefore finds those impacts to be acceptable. Each of the benefits listed above, standing alone, is sufficient justification for the Planning Commission to override these unavoidable environmental impacts. 4! R:~S P~l-Iarveston SP\City Council'~RESO CC EIR Findings.doc The City Council finds that it has reviewed and considered the Final EIR in evaluating the Specific Plan, that the Final EIR is an accurate and objective statement that fully complies with the CEQA, State CEQA Guidelines and the City's local CEQA Guidelines and that the Final EIR reflects the independent judgment of the Council. The City Council hereby certifies the Environmental Impact Report based on the following findings and conclusions: A. Findings. The following significant environmental impacts have been identified in the Draft EIR and will require mitigation as set forth in Section 4 of this Resolution but cannot be mitigated to a level of insignificance: long-term and short-term project and cumulative air quality impacts. B. Conclusions 1. All significant environmental impacts from implementation of the Specific Plan have been identified in the Draft EIR and, with implementation of the mitigation measures identified, will be mitigated to a level of insignificance, except for those impacts listed in Section 6.1 above. 2. Other reasonable alternatives to the Specific Plan, which could feasibly achieve the basic objectives of the Specific Plan, have been considered and rejected in favor of the Specific Plan. 3. Environmental, economic, social and other considerations and benefits derived from the development of the Specific Plan override and make infeasible any alternatives to the Specific Plan or further mitigation measures beyond those incorporated into the Specific Plan. Section 7. Adoption of Recommendation for the Adoption of a Mitigation Monitoring and Reporting Program The City Council hereby adopts the Mitigation Monitoring and Reporting Program in Section 8.0 of the Final EIR and attached to this Resolution as Exhibit A. In the event of any inconsistencies between the mitigation measures as set forth herein and the Mitigation Monitoring and Reporting Program, the Mitigation Monitoring and Reporting Program shall control. Section 8. Location of Records The documents and materials that constitute the record of proceedings on which these Findings have been based are located at the City of Temecula, 43200 Business Park Drive, Temecula, California 92590. The custodian for these records is the City of Temecula Planning Director. This information is provided in compliance with Public Resources Code section 21081.6. Section 9. Effective Date The Resolution shall become effective upon its adoption. 42 R:\S P~-larveston SP\City CouncilhRESO CC EIR Findings.doc PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the th day of ,2001, by the following vote: AYES: 0 COUNCILMEMBERS None NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susan W. Jones, CMC City Clerk 43 R:~S P~Harveston SP\City CouncilLRESO CC EIR Findings.doc ATTACHMENT NO. 2 PC RESOLUTION NO. 2001- FOR: SPECIFIC PLAN, GENERAL PLAN AMENDMENT, HARVESTON ZONING STANDARDS, AMENDMENT TO THE OFFICIAL ZONING MAP, DEVELOPMENT CODE AMENDMENT AND DEVELOPMENT AGREEMENT R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 20 ATrACHMENT NO. 2 RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE THE FOLLOWING: 1) GENERAL PLAN AMENDMENT FOR THE HARVESTON SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0419); 2) THE HARVESTON SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99-0418); 3) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON SPECIFIC PLAN ZONING STANDARDS (PLANNING APPLICATION NO. 99- 0418); 4) ADOPT AN ORDINANCE AUTHORIZING A CHANGE OF ZONE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY (PLANNING APPLICATION 99-0245); AND 5) ADOPT AN ORDINANCE AUTHORIZING A CODE AMENDMENT TO SECTION 17.16.070 OF THE TEMECULA MUNICIPAL CODE (PLANNING APPLICATION NO. 99-0418); 6) ADOPT AN ORDINANCE AUTHORIZING THE HARVESTON DEVELOPMENT AGREEMENT FOR THE SERVICE COMMERCIAL AND RESIDENTIAL PORTIONS OF THE SPECIFIC PLAN (PLANNING APPLICATION NO. 00-0446); ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910- 261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110- 021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911- 630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180- 004, 911-180-008, 911-180-009, 911-180-015, 911-180-023, AND 911-180- 028. WHEREAS, Lennar Communities filed Planning Application Nos. PA00-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment, Harveston Zoning Standards), PA99-0245 (Change of Zone), and PA99-0446 (Development Agreement, (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; A. WHEREAS, two parcels (one consisting of 1.25 acres and one consisting of 2.5 acres) located within the boundaries of the Specific Plan are not under the applicant's ownership. The City hereby finds it necessary to change the Land Use Designation of the two excluded pamels on the General Plan Land Use Map from Neighborhood Commercial (NC) to Low Medium (LM) residential to ensure the public health, safety and welfare of the City and to facilitate R:\S P\Harveston SP\PC DOCS\RES-SP GPA-DA ZC.PC.doC future development of these two parcels by removing the requirement for the preparation and approval of a separate Specific Plan. WHEREAS, the General Plan Land Use designation of the approximately 1.3 acre pamel north and west of Equity Drive and Ynez Road is being changed from SC (Service Commercial) to BP (Business Park) to be compatible with the proposed Specific Plan, the existing Business Park Land Use designation, the existing development to the south and east, and to accommodate the future alignment of Ynez Road; WHEREAS, the zoning of the two excluded parcels not owned by the applicant are being changed from SP (Specific Plan) and shall be re-zoned to Low Medium Density Residential (LM) on the official zoning map of the City. The City hereby finds it necessary to change the zoning and Land Use Designation of the two excluded parcels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for the preparation and approval of a separate Specific Plan; WHEREAS, the zoning of the approximately 1.3 acre parcel north and west of Equity Drive and Ynez Road is being changed from SP (Specific Plan) on the official zoning map of the City and shall be re-zoned to LI (Light Industrial) to be compatible with the existing industrial developments to the south and east, to be compatible with the General Plan Land Use Map, and to accommodate the future alignment of Ynez Road; WHEREAS, the Temecula Municipal Code Section 17.16.070 shall be amended to add Specific Plan No. 13, the Harveston Specific Plan and adopting the zoning ordinance and development standards contained in the Harveston Specific Plan by Ordinance; WHEREAS, the Planning Commission considered the Application on June 20, 2001 and July 12, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to the recommended conditions, together with the concurrent recommendation on the Harveston EIR and adoption of the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. In all respects as set forth in the recitals hereinabove, which are hereby incorporated by reference. Section 2. Findings. That the Planning Commission, in recommending approval of the Application, hereby makes the following findings: General Plan Amendment: The General Plan Amendment is necessary to conform to the current General Plan land uses and development criteria set forth in the Harveston Specific Plan. Further, the General Plan Amendment serves to designate the Land Use for the excluded parcels in a manner more conducive to proper planning and future development. R:\S P~Harveston SPx}>C DOCS\RES-SP-GPA-DA ZC.PC.doc 2 Specific Plan Findinqs B. The proposed Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. The proposed Specific Plan is consistent with the goals and policies of the General Plan and Development Code. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the General Plan, as it is proposed to be amended, and Development Code. C. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. D. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serves as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which illustrates that the site is physically suitable for the land uses and development proposed in the Specific Plan. E. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 1 5 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Development Aqreement Findinqs A. The City desires to obtain the binding agre'ement of the Applicant for the development of the property in accordance with the provisions of this Agreement. B. The Applicant desires to obtain the binding agreement of the City to permit the Developer to develop the Developer's Project on the Developer's Parcels in accordance with the "Applicable Rules" (as hereinafter defined) and this Agreement. C. The Applicant has applied to the City in accordance with applicable procedures for approval of these mutually binding Agreements. The Planning Commission of the City has given notice of its intention to recommend the Agreement to the City Council, and has found that the provisions of this Agreement are consistent with the Specific Plan and the City's General Plan, as amended. R:\S P~Harveston SI~PC Docs\RES-SP-GPA-DA-ZC.PC.doc 3 D. These Agreements are consistent with the public health, safety, and welfare needs of the residents of the City and the surrounding region. The City has specifically considered and approved the impact and benefits of the development of the Property in accordance with these Agreements upon the welfare of the region. E. These Agreements will bind the City to the terms and obligations specified in this Agreement and will limit, to the degree specified in the Agreement and under State law, the future exercise of the City's ability to delay, postpone, preclude or regulate development on the Property, except a provided for herein. F. In accordance with the Development Agreement Statutes, this Agreement eliminates uncertainty in the planning process and provides for the orderly development of the Property. Further, this Agreement eliminates uncertainty about the validity of exactions imposed by the City, allows installation of necessary improvements, provides for public services necessary for the region with incidental benefits for the Property, and generally serves the public interest within the City of Temecula and the surrounding region. Section 3. Environmental Compliance. This Planning Commission has reviewed the draft EIR and Mitigation Monitoring Program and recommend that the City Council approve and certify the same. Section 4. Recommendation to the City Council. The City of Temecula Planning Commission hereby recommends that the City Council approve the following: 1. Resolution approving the General Plan Amendment and Specific Plan contained in Exhibit A, subject to the conditions contained in Exhibit A-l, A-2 and A-3 attached hereto and incorporated herein by this reference; 2. Adopt an Ordinance amending the Development Code and adopting the zoning standards and as contained in Exhibit B attached hereto and incorporated herein by this reference; 3. Adopt an Ordinance amending the Official Zoning Map of the City of Temecula as contained in Exhibit C substantially in the form contained in Exhibit C-1 attached hereto and incorporated herein by this reference; and 4. Adopt an Ordinance authorizing the Harveston Development Agreement as contained in Exhibit D attached hereto and incorporated herein by this reference. All substantially in the forms contained in the above referenced Exhibits for the property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City limit substantially in form contained in Exhibit A-3, subject to the recommendations set forth in Exhibit A-1 (Conditions of Approval for the Harveston Specific Plan). Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 12th day of July 2001. ATTEST: Ron Guerriero, Chairman Debbie Ubnoske, Secretary R:\S P\Ha~veston SP\PC Docs\RES-SP-GPA DA-ZC.PC.doc 4 [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01 - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 12th day of July, 2001, by the following vote: AYES: NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S I~Harveston SP~PC Docs\RES-SP-GPA-DA-ZC.PC.doc 5 EXHIBIT A (For Attachment No. 2) CITY COUNCIL RESOLUTION FOR THE GENERAL PLAN AMENDMENT AND SPECIFIC PLAN R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 21 EXHIBIT A (For Attachment No. 2) RESOLUTION NO. 01- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA00-0419 (GENERAL PLAN AMENDMENT) FOR THE HARVESTON SPECIFIC PLAN AND THE TWO EXCLUDED PARCELS WITHIN THE SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 13 (PLANNING APPLICATION NO. 99- 0418) ON PARCELS TOTALING 550 ACRES LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910- 110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110- 076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911 - 640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180- 009, 911-180-015, 911-180-023 AND 911-180-028, BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN THIS RESOLUTION. WHEREAS, Lennar Communities filed Planning Application Nos. PA00-0419 and PA99- 0418 (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered the Application on June 20, 2001, at duly noticed public hearings as prescribed by law, at which time the Citystaff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on ,2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code: R:\S P~Harveston SP~City Council\RESO CC GPA.doc General Plan Amendment. A. The project as proposed and conditioned is compatible with the health, safety and welfare of the community. The project has been reviewed by agencies and staff and determined to be in conformance with the City's General Plan, Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. The two excluded parcels not under the applicant's ownership that are located within the Specific Plan shall hereby be rezoned from SP (Specific Plan overlay district) to LM (Low Medium Density Residential) to be compatible with the surrounding land uses of the Harveston Specific Plan. The General Plan Land use designation of these two parcels will be changed from NC (Neighborhood Commemial) to LM (Low Medium Density Residential). The City hereby finds it necessary to change the zoning and Land Use Designation of the two excluded pamels to ensure the public health, safety and welfare of the City and to facilitate future development of these two parcels by removing the requirement for a separate Specific Plan. B. The project is compatible with surrounding land uses. The project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods, with interface buffers and full roadway improvements. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The Service Commercial is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. C. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the specific plan. Specific Plan A. The proposed specific plan is consistent with the General Plan, as it is proposed to be amended, and development code. The proposed Specific Plan is consistent with the goals and policies of the general plan and development code. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the general plan, as it is proposed to be amended, and development code. B. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serves as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which indicate that the site R:\S P~Harveston S~City CouncirxRESO CC GPA.doc 2 is physically suitable for the land uses and development proposed in the Specific Plan. D. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. The project proposes similar residential land uses adjacent to the existing surrounding neighborhoods, with extensive landscape buffers and interfaces. The limited neighborhood commercial development is proposed within a Village Center and is designed to be pedestrian oriented to serve the needs of the Harveston community. The proposed Service Commercial land is west of Ynez Road, adjacent to Interstate 15 where similar commercial and retail uses currently exist along the Interstate corridor. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Section 3. Environmental Compliance. The City Council of the City of Temecula has certified the Final Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan, as amended, for the Harveston Specific Plan in order to approve the Application. Section 4. General Plan Amendment. The City Council of the City of Temecula hereby approves the Application changing the General Plan Land Use Designations on 550 acres on property located east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261, -001,910-261-002,910- 110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911 - 630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911 - 180-009, 911-180-015, 911-180-023 and 911-180-028. Section 5. Specific Plan. The City Council of the City of Temecula hereby approves mixed use specific plan known as the Harveston Specific Plan (SP No. 13), on property located east of Interstate 15, nodh of Santa Gertrudis Creek, west of Margarita Road and south of the northern City, and known as Assessor Parcel Nos. 910-261, -001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 and 911-180-028 subject to that attached Conditions of Approval. R:\S P~Harveston SP~City CouncilLRESO CC GPA.doc 3 Section 6. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Department this 6th day of June 2001. Jeff Comerchero, Mayor ATTEST: Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001 - was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the day of 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P~Harveston SPXCity Council\RESO CC GPA.doc 4 EXHIBIT A-I CONDITIONS OF APPROVAL FOR THE HARVESTON SPECIFIC PLAN R:~S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 22 EXHIBIT A-1 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA99-0418 (Specific Plan) - Harveston Specific Plan No. 13 Project Description: A Specific Plan consisting of approximately 550 acres that proposes 1,921 residential units with a variety of residential product types and lot sizes; a 12 acre elementary school site; a 7 acre lake with a 6.9 acre lake park; a 16.5 acre community park; a 13.8 acre arroyo open space park; a Mixed-Use Overlay zone (Village Green) which may be as large as 13 acres; and 112.5 acres of Service Commercial land adjacent to interstate 15. Assessor's Parcel Nos. 910-261-001, 910-261-002, 910-110-013, 910-110-015, 910-110- 020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910- 100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-530-001, 911-630-002, 911-830-003, 911-840-001, 911-840- 002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911 - 180-009, 911-180-015, 911-180-023 AND 911-180-028. Approval Date: June 20, 2001 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the Applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). General Requirements The permittee/applicant shall indemnify, defend with counsel of City's own election, and hold harmless, the City and any' agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. R:\S P~-larveston SP\PC Docs\COA-SP.doc The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. All development within this site shall be in accordance with the requirements of all City ordinances, except as expressly modified herein or by development agreement, and State laws, and shall conform with the approved Specific Plan. Regulations or procedures not covered by the Specific Plan or appurtenant documents shall be subject to the City ordinances in effect at the time entitlement is required. Approval of this Specific Plan is contingent upon and shall not become effective nor shall it vest until a General Plan Amendment (GPA) and Zone Change are approved by the City Council, and an Environmental Impact Report (EI R) or any other environmental review under the provisions of the California Environmental Quality Act (CEQA) are certified by the City Council. Nothing in this approval, as memorialized in this Resolution, shall require or be interpreted to require the City of Temecula to fund or cause to be funded the development of any facilities or improvements, including but not limited to infrastructure improvements, which are necessary or convenient to cause, allow or further the development of the subject Specific Plan, except as may be expressly agreed to by the City of Temecula." Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road alignments affecting the individual planning areas (i.e. Ynez Road and Cherry/Date Street) may be altered or modified to implement the PSR. The alternation or modification of the roads will not require a Specific Plan Amendment; however, all applicable text, sections, figures and exhibits in the Specific Plan shall be modified to reflect the actual roadway alignments as determined in the PSR subject to the approval of the Director of Planning and Public Works Director. Within thirty (30) days of approval of the Specific Plan, the applicant shall submit a final copy reflecting all the changes necessary to make the document consistent with City Council's final action. The final Specific Plan shall be reviewed for consistency and approved by the Planning Director. The applicant shall comply with all applicable mitigation measures contained in the adopted City of Temecula General Plan and the Harveston Environmental Impact Report. R:\S P\Harveston SP\PC Docs\COA-SP.doc 2 10. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future project noise-sensitive uses potentially exposed to nOise levels in excess of 60 dB CNEL to verify that planned noise protection will meet City of Temecula standards. A. Exterior recreational areas shall be protected to achieve noise levels of less than 65 dB CNEL. B. Interior living areas shall be protected to achieve noise levels of less than 45 dB CNEL. Substantial perimeter walls separating rear yards from the roadway right-of-way along Date Street area are anticipated to be necessary. Precise wall geometries shall be determined once exact setbacks and building pad grades are established. Moderately upgrading window treatments shall be necessary along Date Street in upstairs bedrooms closest to the roadway. Minor acoustical upgrades shall be needed along Margarita or Ynez beyond simply closing windows to shut out roadway noise. The building code requires that supplemental fresh air ventilation be provided in rooms where window closure for traffic noise protection is necessary. A detailed noise attenuation evaluation shall be conducted in a supplemental acoustical study to be submitted when the tract map is filed with the appropriate agency. 11. During staff review of any tentative map, an updated geotechnical/geologic report shall be prepared to include any necessary revisions to earthwork, foundation, design, and construction recommendations. 12. On residential streets that generate less than 250 vehicular trips, the road (curb to curb) shall be thirty-six feet (36') with a parkway separating the sidewalk from the curb. 13. During the development plan review, major employer (more than 250 employees) who locate their businesses within the project shall prepare Transportation Demand Management (TDM) plans in accordance with the Riverside County Transportation CommissionRVestern Riverside Council of Governments (RCCTC/VVRCOG) guidelines. 14. Prior to the approval of a development plan or tentative map for individual planning areas, the developer and City staff will review plans, especially for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary, and adequate pedestrian and bicycle facilities. 15. Prior to the approval of a development plan, City staff will review plans, especially for commercial and park uses, for the provision of appropriate, necessary and adequate pedestrian and bicycle facilities. 16. Prior fo the approval of a development plan, City staff will review plans, for all service commercial uses and shall encourage the provision of park and ride facilities. 17. Prior to approval of any development projects, appropriate clearances, conditions and approvals from all agencies with jurisdiction on project review shall be obtained by the developer. These agencies shall be determined by the Director of Planning and the City Engineer. 18. The developer or the developer's successor-in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. R:\S P\Harveston SP\PC Docs\COA-SP.doc 3 19. Prior to approval of any development projects, the developer shall investigate the feasibility of a reclaimed water system, to irrigate landscaping within the roadway medians, parkways, drainage channel, schools, the community park, the paseo park, neighborhood parks, and other common open space areas. The developer shall provide evidence that compliance with this condition is in accordance with Senate Bill 2095. 20. The Master Developer shall provide the prospective home buyers a notice that the 16.5-acre community park will include sports field lighting for evening use. Proof of this notification shall be provided to the Planning Department and included in the Master Covenants, Codes and Restrictions (CC&R's) prior to the recordation of the first Final Map. 21. All lighting shall be reviewed by the City to assure compliance with the Ordinance No. 655. 22. The lake park, but not the surface of the lake, shall be open to the public. 23. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. In addition to the foregoing, in the event a Development Agreement is entered into that supercedes or alters these conditions of approval and the applicant causes a default or terminates by conduct the Development Agreement, then the City shall immediately consider the revocation of the approval granted by this Resolution. Prior to the Issuance of Grading Permits 24. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. 25. The developer shall provide a Water Quality Management Plan showing conformance to all NPDES requirements (enacted by the Environmental Protection Agency (EPA) and Regional Water Quality Control Board, San Diego Region) for review and approval by the City Engineer. 26. The developer shall provide proof to the Department of Public Works and Planning that the conditions the 404 and 1603 permits pertaining to the Arroyo Park restoration have been bonded for and shall be implemented consistent with the timing requirements of the permits. 27. The applicant shall sign both copies of the final conditions of approval that will be provided by the Community Development Department - Planning Division staff, and return one signed set to the Planning Department for their files. Prior to the Issuance of Building Permits 28. The developer shall provide proof to the City's Traffic Engineer that the project has contributed its fair-share towards regional traffic improvement systems (i.e., traffic impact fees) for the area through a Development Agreement or other agreement. This shall include efforts to synchronize traffic lights on streets impacted by project development. 29. Prior to the approval of a development plan or tentative map, staff shall forward the proposed application to the Riverside County Transit Agency (RTA) for review and comment regarding bus turnouts, shelters, etc. Transit-oriented facilities and design features will be incorporated into the design of the project as appropriate, to the satisfaction of the City and RTA. R:\S P~Harveston SP\PC Docs\COA-SP.doc 4 30. The developer shall provide proof that energy saving features will be installed in project homes as required by the California Building Code. Features may include: solar or Iow- emission water heaters, solar roof tiles, energy efficient appliances, dual paned windows, Iow pressure sodium parking lights, etc. Additionally, residential products constructed bythe home building division of Lennar shall incorporate "Comfort Wise" energy-efficiency features. 31. Landscaping design and water conservation devices that conform to the California Model Water Conservation Ordinance shall be required, such as Iow flow toilets, faucets and showerheads, shade tree selection and placement. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. GENERAL CONDITIONS 32. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights-of-ways adjacent to the site (except electrical lines rated 33 ky or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 33. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where appropriate, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 34. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved bythe Department of Public Works. 35. Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti- resistant coating and shall be installed adjacent to street improvements within each phase. 36. A phasing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 37. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06, unless otherwise arovided for by a written agreement between the City and the Developer. 38. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, and if he or she should fail to do so, the Developer R:\S P~-Iarveston SP'd:'C Docs\COA-SP.doc 5 shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the real property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. CIRCULATION 39. Prior to Final Map recordation, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 40. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to office and commemial areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. 41. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals. 42. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of City's General Plan, City ordinances and standards or as approved with the Harveston Specific Plan. 43. All intersection intervals shall comply with City standards and requirements. 44. The Developer shall provide bus bays and shelters within the Specific Plan. Location and number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. 45. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown on Section 12 of the Specific Plan. Any substantive rephasing of the development must be approved by the Planning and Public Works Director through a rephasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. 46. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent development stages of the Specific Plan, shall be submitted to identify implementation and timing of the necessary improvements to mitigate cumulative traffic impacts. TRAFFIC MITIGATION MONITORING PROGRAM 47. The Traffic Mitigation Monitoring Program proposes that a traffic study be approved prior to the issuance of first occupancy permit in each additional phases of the development. The R:\S P~Harveston SP\PC Docs\OOA-SP.doc 6 intent of the Traffic Mitigation Monitoring Program is not to to-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic study would: 1 ) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the traffic study is to be performed). The traffic study findings would assist the City in proactively planning for area roadway improvements. DRAINAGE 48. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 49. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 50. Drainage facilities within each phase shall be constructed immediately after the completion of the site grading and prior to or concurrently with the initial site development within that phase. 51. All drainage facilities shall be designed to convey 100-year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. 52. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. 53. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. 54. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 55. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing drainage easements. WATER AND SEWER 56. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal R:\S P\Harveston SP\PC Docs\COA-SP.doc 7 57. 58. Water District (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. Prior to the approval of subsequent development applications, the Developer shall submit the master water plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall obtain written approval for the water system from RCWD. Prior to the approval of subsequent development applications, the Developer shall submit the master sewer plan to EMWD to check for adequacy of the proposed sewer facilities. The Developer shall obtain written approval for the sewer system from EMWD. GRADING 59. No grading shall be permitted for any development area prior to tentative map or plot plan approval and issuance of grading permits for the specific area of development. 60. Grading plans and operations shall be in accordance with the Uniform Building Code, City Grading Standards, the recommendations contained in the Geetechnical Report, er any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. 61. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. 62. The Developer shall comply with the requirements of the National Pollutant Discharge Elimination System (N PDES) permit regulated by the State Water Resoumes Control Board, and the Storm Water Pollution Prevention Plan (SWPPP) implemented by the San Diego Regional Water Quality Control Board. 63. Each subsequent application for a phase of development shall include a conceptual grading plan to indicate at a minimum: a) Preliminary quantity estimates for grading. b) Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c) Preliminary pad and roadway elevations. d) Designation of the borrow or stockpile site location for import/export material. e) Approximate time frames for development including the identification of areas which will be graded during the rainy months. f) Hydrology and hydraulic concerns and mitigations. 64. Major grading activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. 65. Soils stabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Public Works. 66. The site shall be watered during grading operations to control dust. R:\S P~-iarveston SP\PC Docs\COA-SP.doc 8 67. Temporary drainage and sediment control devices shall be installed as directed by the Department of Public Works. 68. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 69. Prior to issuance of any grading permit, a soils reports shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commercial parcel map for each phase of proposed development. 70. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 71. All public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 72. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. PHASING 73. Construction of the development permitted by the Specific Plan, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Specific Plan Phasing Plan. 74. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. 75. The Developer shall be permitted to seek a reimbursement agreement for qualifying facilities and improvements, as the same are authorized in Condition 6 of the Resolution. The City and the Developer shall proceed in good faith to allocate appropriate reimbursements to the Developer pursuant to the City's then enforceable ordinance applicable to such reimbursement. 76. PHASE 1 a. CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to 1st building permit in Phase 2. i. Improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' R/W) to include dedication of half- R:\S P\Harveston SP\PC Docs\COA-SP.doc 9 R:\S P\Harveston sP\Pc Docs\COA-SP.doc width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' PAN) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. Improve the Loop Road from Major Entry at Date Street to School Site Modified Collector Road Standards - 66' R/W) to include dedication of full- width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) iv. Improve northbound Margarita Road from Santa Gertrudis Creek to the southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' R,'~N) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Phase I i. Improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 ( Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) 1. Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road Pi. Improve Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' R/VV) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. iii. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised landscaped median iv. Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and 10 sewer) v. Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' RRV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase 1 of the Service Commercial area vi. Improve Ynez Road from the southerly Specific Plan boundary to Equity Drive (Arterial Highway Standards - 110' RRV) to include dedication of half- width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; (iii) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. OFFSITE CIRCULATION Prior to issuance of 326th occupancy permit for the Phase 1 Residential and more than 8 acres of Phase I Service Commercial development (southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase R:\S P\Harveston SP\PC Docs\COA-SP.doc ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) TRAFFIC SIGNALS Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 2. 3. 4. 5. DRAINAGE i. Margarita Road and Major Entry at Margarita Road Major Entry at Margarita Road and Loop Road Margarita Road and Date Street Date Street and Major Entry at Date Street Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements 77. PHASE 2 a. CIRCULATION The following improvements shall be cohnpleted as part of Phase 2 and prior to first building permit in Phase 3. i. Improve Date Street from the Major Entry at Date Street to the westerly boundary of Planning Area 3 (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. ii. Improve the Loop Road from Major Entry at Date Street to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). iii. Improve Ynez Road from Equity Drive to Service Commercial Access III (Arterial Highway Standards - 110' R/W) to include dedication of fu~l-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities R:\S P~-iarveston SP\PC Oocs\COA-SP.doc 12 iv, (including but not limited to water and sewer) and a 14 foot wide raised landscaped median. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; b) identified and defined by the City Engineer of City of Temeeula; c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the properly in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. v. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' RNV) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (defined as issued building permits in excess of 476 for single family detached units and 346 for attached multiple family units) and Service Commercial (defined as development that involves real property that in the aggregate exceeds twenty (20) net acres of real property within Planning area 12) and Village Center neighborhood commercial (beyond an aggregate of eight thousand (8000) square feet of developed area) the improvements generally described hereafter shall have been completed to the reasonable satisfaction of the City and the Developer shall be authorized to seek a reimbursement agreement as provided for in condition 6, unless waived pursuant to condition 6. 1. 2. 3. R:~S P\Harveston SP\PC Docs\OOA-SP.doc Winchester Road at Jefferson Avenue Add Eastbound Right Turn Lane Add a Southbound Left Turn Lane (Dual Left) Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane 13 4. Add Northbound Right Turn Lane (Dual Right) ii. Winchester Road at 1-15 Southbound Ramp 1. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and widen off ramp to accommodate the added lane iii. Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4. Modify Signal to provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) iv. Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Nor/hbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane v. Overland Drive at Ynez Road 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify Signal to Provide Westbound Right Turn Overlap Phase 4. Modify Signal to Provide Southbound Right Turn Overlap Phase vi. Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases vii. Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Hot Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channelize Northbound Right Turn Lane to Allow Free Right Turn Movement R:\S P\Harveston SP\PC Docs\COA-SP.doc ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. 78. f. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. PHASE 3 a. CIRCULATION The following improvements shall be completed as part of Phase 3 and prior to the first building permit in Phase 4: i. Improve Date Street from the westerly boundary of Planning Area 3 to Ynez Road (Urban Arterial Highway Standards - 134' R/W)to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR iD. No. 32 ii. Improve Ynez Road from Service Commercial Access III to Date Street (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median 1. Provide Southbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:\S P\Harveston SP\PC Docs\COA-SP.doc 15 iii. 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. On or before January 1,2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway- related traffic circulation purposes, a component of real property that is: a) approximately twenty (20) contiguous acres in area; d) identified and defined by the City Engineer of City of Temecula; 79. c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. PHASE 4 a. CIRCULATION The following improvements shall be completed as part of Phase 4. i. Improve Date Street from Ynez Road to Interstate 15 (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median ii. Improve Ynez Road from Date Street to the northerly Specific Boundary (Arterial Highway Standards - 110' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. All necessary right-of-way in Planning Areas 8 and 12, including slope areas R:\S P\Harveston SP\PC Docs\OOA-SP.doc 16 for the Date/Cherry Interchange shall be granted free and clear of encumbrances in fee title. The location and limits of the right-of-way shall be as approved by the City and the California Department of Transportation. DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula c. WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this Specific Plan. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 80. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 81. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 82. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix III-B 83. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 84. R:\S P\Harveston SP\PC Docs\COA-SP.doc The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) 85. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul- de-sac shall be thidy-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 86. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) 87. Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) 88. Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any podion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 89. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1 ). 90. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including parking with Fire Prevention approval on a map by map basis. 91. Cul-de-sacs with planters must maintain 24 foot clear unobstructed travel width around the planters, not including parking. Hardscape areas are permissible provided that they meet the 80,000 lb. load requirements and are at road level. 92. The gradient for a fire apparatus access roads shall not exceed fifteen (15) percent. (CFC 902.2.2.6 Ord. 99-14) 93. All traffic calming devices that could impede or slow emergency vehicle access are prohibited, except those approved individually on a map by map basis when they maintain the required travel widths and radii. 94. As required by the California Fire Code, when any portion of the facility is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the facility, on-site fire hydrants and mains capable of supplying the required fire flow shall be provided. For this project on site fire hydrants are required. (CFC 903.2) 95. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 96. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants sha~l be installed and accepted by the appropriate water agency prior to any combustible building R:\S P\Harveston SP\PC Docs\COA-SP.doc materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. Prior to issuance of a Certificate of Occupancy or building final, approved numbers or addresses shall be provided on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Numbers shall be of a contrasting color to their background. Commercial, multi-family residential and industrial buildings shall have a minimum twelve (12) inches numbers with suite numbers a minimum of six (6) inches in size. All suites shall gave a minimum of six (6) inch high letters and/or numbers on both the front and rear doors. Single family residences and multi-family residential units shall have four (4) inch letters and/or numbers, as approved by the Fire Prevention Bureau. (CFC 901.4.4) 99. Prior to issuance of a Certificate of Occupancy or building final, a directory display monument sign shall be required for all apartment, condominium, townhouse or mobile home parks. Each complex shall have an illuminated diagrammatic layout of the complex which indicates the name of the complex, all streets, building identification, unit numbers, and fire hydrant locations within the complex. Location of the sign and design specifications shall be submitted to and be approved by the Fire Prevention Bureau prior to installation. 100. Prior to issuance of Certificate of Occupancy or building final, based on square footage and type of construction, occupancy or use, the developer shall install a fire sprinkler system. Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10, CBC Chapter 9) 101. Prior to issuance of Certificate of Occupancy or building final, based on a requirement for monitoring the sprinkler system, occupancy or use, the developer shall install an fire alarm system monitored by an approved Underwriters Laboratory listed central station. Plans shall be submitted to the Fire Prevention Bureau for approval prior to installation. (CFC Article 10) 102. Prior to the issuance of a Certificate of Occupancy or building final, a "Knox-Box" shall be provided. The Knox-Box shall be installed a minimum of six (6) feet in height and be located to the right side of the main entrance door. (CFC 902.4) 103. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel. (CFC 902.4) 104. Prior to final inspection of any building, the applicant shall prepare and submit to the Fire Department for approval, a site plan designating Fire Lanes with appropriate lane painting and or signs. 105. Prior to the issuance of a Certificate of Occupancy, building final or occupancy, buildings housing high-piled combustible stock shall comply with the provisions of Uniform Fire Code Article 81 and all applicable National Fire Protection Association standards. The storage of high-piled combustible stock may require structural design considerations or modifications to the building. Fire protection and life safety features may include some or all of the following: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. (CFC Article 81) R:\S P\Harveston SP\PC Docs\COA-SP.doc 19 106. 107. Prior to the building final, speculative buildings capable of housing high-piled combustible stock, shall be designed with the following fire protection and life safety features: an automatic fire sprinkler system(s) designed for a specific commodity class and storage arrangement, hose stations, alarm systems, smoke vents, draft curtains, Fire Department access doors and Fire department access roads. Buildings housing high-piled combustible stock shall comply with the provisions California Fire Code Article 81 and all applicable National Fire Protection Association standards. (CFC Article 81) Prior to the issuance of a Certificate of Occupancy or building final, the developer/applicant shall be responsible for obtaining underground and/or aboveground tank permits for the storage of combustible liquids, flammable liquids or any other hazardous materials from both the County Health department and Fire Prevention Bureau. (CFC 7901.3 and 8001.3) Special Conditions 108. Prior to issuance of building permits, fuel modification plans shall be submitted to the Fire Prevention Bureau for review and approval for all open space areas adjacent to the wildland- vegetation interface. (CFC Appendix II-A) 109. Prior to issuance of building permits, plans for structural protection from vegetation fires shall be submitted to the Fire Prevention Bureau for review and approval. The measures shall include, but are not limited to, enclosing eaves, noncombustible barriers (cement or block walls), and fuel modification zones. (CFC Appendix Il-A) 110. Prior to building permit issuance, a full technical report may be required to be submitted and to the Fire Prevention Bureau for some commercial occupancies. This report shall address, but not be limited to, all fire and life safety measures per 1998 CFC, 1998 CBC, NFPA- 13, 24, 72 and 231 -C. 111. Prior to issuance of a building construction in each phase a simple plot plan or map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. 112. The applicant shall comply with the requirements of the Fire Code permit process and update any changes in the items and quantities approved as part of their Fire Code permit. These changes shall be submitted to the Fire Prevention Bureau for review and approval per the Fire Code and is subject to inspection. (CFC 105) 113. The applicant shall submit for review and approval by the Riverside County Department of Environmental Health and City Fire Department an update to the Hazardous Material Inventory Statement and Fire Department Technical Report on file at the city; should any quantities used or stored onsite increase or should changes to operation introduce any additional hazardous material not listed in existing reports. (CFC Appendix Il-E) TEMECULA COMMUNITY SERVICES DEPARTMENT General Requirements: 114. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 115. The current park dedication requirement (Quimby) shall be satisfied with the 16.5 acre community park, the existing Winchester Creek Park and the HOA owned and maintained R:\S P\Harveston SP\PC Docs\COA-SP.doc 20 recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park, the 1.8 acre Village Green, the 2 acre Village Club and the mini parks totaling 1.5 acres. 116. The actual design of the 16.5 acre community park in Planning Area 1 shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved bythe Director of Community Services. 117. All park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 118. The design of the community park in Planning Area 1 shall provide for pedestrian circulation and access for the disabled throughout the park. 119. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 120. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 121. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 122. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger adjacent to single family residential development shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters and wails shall be maintained bythe Homeowners Association (HCA), private maintenance association or property owner. 123. A ten (10) foot wide multi-use trail will be constructed around the Lake Park. An 8' paseo will be constructed within the Paseo Park and along the outside of the Loop Road. 124. Class II bicycle lanes will be included on both sides of Ynez Road, Date Street (within the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). Class II bike lanes shall be constructed in concurrence with the street improvements. 125. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park in Planning Area 1. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 126. The 16.5-acre community park in Planning Area I shall be constructed, including the 90-day R:\S P\Harveston SP\PC Docs\COA-SP.doc 21 maintenance and establishment period, and the conveyance accepted by the City Council prior to the issuance of the first residential building permit in Phase 2 (excluding models). Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because the final and permanent alignment of Ynez Road has not been determined which prevents the designation of the boundaries of the subject park, the City may, in the reasonable discretion of the City Manager and which shall not be unreasonably withheld, continue to issue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall provide, the provision of notice to potential purchasers of the scope of improvements intended to occur within the subject park, including, but not limited to, lighted athletic fields. Notice, as required by the City Manager, may include, but is not limited to, signage (both on and off the anticipated park site), letters, displays or handbills. Prior to Approval of the Final Map: 127. The developer, or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland located in Planning Area 1 in accordance with the City standards, prior to the approval of the respective final map. 128. All areas intended for dedication to the TCSD for maintenance shall be identified on each final map by numbered lots and indexed to identify said lots numbers as a proposed TCSD maintenance areas. 129. All TCSD slope/landscaping maintenance easements shall be offered for dedication on each final map. 130. Construction drawings for all landscape medians and proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services prior to the approval of each final map. 131. The subdivider shall post security and enter into an agreement to improve all landscape medians and proposed TCSD maintenance areas prior to the approval of each final map. 132. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the TCSD maintenance program prior to approval of each final map. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 133. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 134. Prior to the issuance of the first cedificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 135. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. R:\S P\Harveston SP\PC DOCS\COA-SP.doc 22 OUTSIDE AGENCY LE'I-rERS 138. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated March 31, 1999, a copy of which is attached. 137. The applicant shall comply with the recommendations set forth in the Rancho Water transmittals dated November 9, 1999 and September 8, 2000, a copy of which is attached. 138. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health transmittal dated February 1,2000, a copy of which is attached. 139. The applicant shall comply with the recommendations set forth in the Riverside County Flood Control and Water Conservation District transmittal dated January 1,2000, a copy of which is attached. 140. The applicant shall comply with the recommendations set forth in the Department of Transportation transmittal dated November 15, 1999, a copy of which is attached. 141. The applicant shall comply with the recommendations set forth in the Eastern Information Center, Department of Anthropology transmittal dated November 3, 1999, a copy of which is attached. 142. The applicant shall comply with the recommendations set forth in the Temecula Valley Unified SchooJ District transmittal dated November 5, 1999, a copy of which is attached. 143. Comply with the terms and conditions of the U.S. Fish and Wildlife and Army Corps of Engineer permits obtained for this project. 144. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Name R:\S P\Harveston SP\PC DOCS\COA-SP.doc 23 Board of Directors President David J. Slawson Pice President Clayton A. Record, Jn Marion V. Ashley Richard R. Hall Rodger D. Siems Board Secretary Mary C. White General Manager John B. Brudin Director of the Metropolitan Water District of $o. Calif. Clayton A. Record, Jn Joseph J. Kuebler, CPA Legal Counsel Redwine and Sherrill October 4, 2000 County of Riverside Environmental Health Department P.O. Box 1206 Riverside, CA 92502 Dear Colleague: Re: SAN53-Sewer Will Serve 1,921 Units, Located west of Margarita Rd., north of Date St. in the County of Riverside. EMWD is willing to provide water and/or sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. The arrangements may include plan check, facility construction, annexation, payment of financial participation charges, coordination with a sub-agency, reclaimed water facilities and other requirements. The developer should contact EMWD's New Business Development Department early in the process to determine the necessary arrangements for service. EMWD's ability to serve is subject to limiting conditions, such as water shortages, regulatory requirements, legal issues, or conditions beyond EMWD's control. Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (909) 928-3777, ext. 4518. Civil Engineering Assistant New Business Development MHS/ C: Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 Mailing Addrexs: \\fpsnts2\J_\WORD~ROC\WORD\NEW BUSI.11\Will Serve\Year2000\marg&datest.doc Post Office Box 8300 Perris. CA 9257-2-8300 Telephone: (909) 928-3777 Fax: (909) 928-6177 £ocatioa: 2270 Trumble Road Perris, CA 92570 Board of Directors: Doug Kulberg Sr~ Vice President John F. Hennigar Phillip L. Forbes November 9, 1999 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY SWEETWATER SPECIFIC PLAN ASSESSMENT DISTRICT NO. 161 VARIOUS ASSESSOR'S PARCEL NUMBERS PLANNING APPLICATION NO. PA99-0418 AND PA99-0419 Dear Ms. Anders: Please be advised that the above-referenced development is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner along with the construction of any required on-site and/or off-site water facilities. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. If you have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager 99~SI~:mc303~FOt2-T1~C F John F. Hennigar General Manager Plxillip L Forbes Director of Fm~mce. E.P. '~oW' Lemons Kenneth C. Dealy D~rector of Operations September 8, 2000 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY HARVESTON SPECIFIC PLAN Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. RCWD has reviewed the Specific Plan for the Harveston development. As stated above, RCWD will provide water service to this project. The proposed demands have been incorporated into both the RCWD Water Resource Master Plan and Water Facilities Master Plan. These plans have been reviewed and adopted by the District's Board of Directors. The review of the above-referenced documents affirms that the water demand for District Secretary/Ac~ninistrative this area was evaluated and incorporated into the RCWD Master Plans. C. MichaelCowett Also, please refer to our letter of August 23, 2000 (copy enclosed) concerning the GeneralCouxmel proposed lake. RCWD highly recommends that the issue of utilizing reclaimed water be completely addressed in the site master plan and specific plan. If you have any questions, please do not hesitate to call. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager Enclosure SEP 1 1 2000 3y TO: FROM: RE: County of Riverside HEALTH SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALTH DATE: February 1,2000 CITY OF TEMECULA PLANNING DEPARTMENT ATTN: Patty Anders GREGOR DELLENBACH, Interim Supervisor SWEETWATER SPECIFIC PLAN The Sweetwater Specific Plan dated September 1999 has been received and reviewed. Will-serve letters from the water and sewering agencies will be required and the use of reclaimed water on all parklands and other greenbelt zones and other landscaped zones is highly recommended. In order to serve domestic water and provide sanitary sewer service to the project area, "will-serve" letters from Rancho California Water District (RCWD) and Eastern Municipal Water District (EMWD) respectively will be required. Domestic water demands are calculated to be 2.02 MGD and wastewater flows to be 0.723 MGD. The report advises that RCWD and EMWD can handle those demands. The report identifies that 254.7 acres of park, open space and school sites that should be eligible to receive reclaimed water. These irrigation systems should be designed to accommodate a reclaimed water system. The concerns regarding re-claimed water have not been addressed in the document reviewed. Sincerely, regor e enbach, Interim Supervisor GD:dr (909) 955-8980 DAVID P. ZAPPE General Manager-Chief Engineer RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: CA -'~r t¢A ~.t']~ ~:;~.~ . Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE. CA 92501 909.955.1200 909.758.9965 FAX 51180.1 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The D strct also does not plan check city land use cases, or provide State Division of Real Estate betters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, othei' regional flood control and drainage fac tes which could be considered a logical componen[or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not rev ewed the proposed pro ect in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This pro ect nvo ves District Master Plan facilities. The District will accept ownership of such facilities on wr tten request of the City. Facilities must be constructed to District standards and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. / Th s project may propose channels storm drains 36 inches or larger in diameter, or other facilities that cogd be corlsdered regonal in nature and/or a logical extension of the adopted ~(~¢,,R, IIS'rA f..Zg.~F,.. Master Drainage Plan. The District would consider accepting ownersh p of such tacilties on wntten request of the City. Facilities must be constructed to District standards and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrat ve fees w be required. / This project is located within the limits of the D str ct's Drainage Plan for which drainage fees have been adopted; applicable tees ~hould be paid by cashier's check or money order only to the Flood Control District prior to issuance of building or grading permits, whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project may require a National Pollutant D scharge E m nat on System (NPDES) permit from the State Water Resources Control Board. Clearance for grading recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. f th s project nvolves a Federal Emergency Management Agency FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requ rements and should further requ re that the app icant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordat on or other final approval of the project, and a Letter of Map Rev s on (LOMR) pr or to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Eng neers, or wrtten correspondence from these agencies nd cat ng the pro ect is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date:. /' STATE OF CALIFORNIA--BUSINESS, GRAy DAVIS, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street, 6th Floor MS 726 San Bernardino, CA 92401-1400 PHONE (909) 383-6327 FAX (909) 383-6890 November 15, 1999 08-Riv-79-R3.300 Ms. Patty Anders Assistant Planner PO Box 9033 Temecula, CA 92589-9033 Dear Ms. Anders: Sweetwater Specific Plan The City of Temecula should ensure that the applicant complies with the current Congestion Management Program in place as defined by the Riverside County Transportation Commission (1997). Please forward all future plans and documents to this office regarding this proposal. If you have any questions, please contact Jim Belty at (909) 383-4473 or FAX (909) 383-6890 Sincerely, LINDA GRIMES, Chief Office of Forecasting/ IGPJCEQA Review c: Mosle Boyd, State Clearinghouse ~M~e~ber 3, 1999 11:26m -- SENT BY:UGR -- Page 2I ~-~9 ;11:07A# ; ARCH 909694~477;# 2 ALIFORNIA HISTORICAL RESOURCES INFORMATION YSTEM MoNo; Eastern Information Center t:~pmment of Anthro..~. logy university of CaJifomta Riverside, CA 92521-0418 Phone (909) 787-5745 Fax (~a) 787.54o9 DAT~: ~ RE: Case Tramm~ttal Ref~r~a~e Designation: ~__ _e,~_ MS ;K tho Eestetu lnfo~n Ceuter ofd~o Cai[for been reviewed to d~mni~ lfthb pmjec~ wotdd ~dv=-;e] The PrOlCX~ad lx~ ~ hu n~t boca surveyed br ~ultur ~K,m~(s). A Plmm I study is mcommcaduL "Tho *ubmiuion of · ~,-I.,,,SI R~ou~ mm~,eme~ roped, ii Plmse I!1 CO~NT~: If you have any questions, ple,~o conmt us, Information Cen2r BOARD OF EDUCATION November 5, 1999 TEMECULA VALLEY Unified School District SUPERINTENDENT David S. AIImen NOV 1 6 1999 Patti Smith President Richard Sharer Clerk Ed Elder Member Jerry Hobbs Member Barbara Tooker Member Ms. Patty Anders City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: PA99-0419 (Sweetwater) Dear Ms. Anders: Temecula Valley Unified strongly supports the inclusion of a twelve-acre elementary school within the proposed Sweetwater Specific Plan. An elementary school within the community will be vital to serve the students generated by the homes there, as well as other City of Temecula residents. There is a need to open this school as early as August of 2000. As was discussed in an earlier meeting with City Manager Shawn Nelson, and Deputy City Manager, Gary Thornhill, this may require an acceleration of the school site portion of the specific plan. Leimar Communities has worked closely with the school district in establishing the location and configuration of the school site shown in the proposed plan. The District encourages an expeditious approval of that aspect of the plan as Sincerely, Temecula Valley Unifie/d)School District X2oordinator of Facilities Services Cc: Dave Gallaher, Director of Facilities Services 31350 Ranch~ Vista Road / Temecula, CA 92592 / (909) 676-2661 RTA ID:9096841007 MRY 31'01 9:14 No.001P.02 ,;~ Y - May31,2001 ,~.. o R£u~ Riverside Transit Agency 182~r Third Sweet RO. BOX $9958 Riverside, CA 92517 Phone:(§0g) 684-0850 Fax: (909) 684-1007 City of Temccula Planning Dcpartrn=n! 1 met recently with Matt Fagan to discuss the Harveston Specific Plan. It appears that all attempts have been made to design rite project in a transit-friendly maturer, including the open-ended clustering ofresidential units. The mixed.uses in the Village Green Center . ar~ also conducive to transit usage.. We hope to jointly design a pilot program to encourage transit usage and the use of other alternatives to the single oceupeney vehicle. It would be beneficial for the community to provide transit access to adjacent ar~as, such as thc Promenade Mall, middle and high schools and local en~ployment centers. Please continue to keep aS posted SO we can maximi~.e coordination ofpJanning efforts. Thm~k you fo~' the opportunity to comment on this project. Planning Dirccto"~'-' EXHIBIT A-2 PROPOSED GENERAL PLAN LAND USE MAP R:\S P~larveston SP\PC Docs\ PC STAFFRPT.doc 23 EXHIBIT A-3 HARVESTON SPECIFIC PLAN LAND USE MAP R:\S P¥-Iarveston SP~C Docs\ PC STAFFRPT,doc 24 EXHIBIT B (For Attachment No. 2) CITY COUNCIL ORDINANCE FOR THE DEVELOPMENT CODE AMENDMENT AND ADOPTION OF THE ZONING STANDARDS OF THE HARVESTON SPECIFIC PLAN R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 25 A'I-FACHMENT NO. B (For Attachment No. 2) ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING PLANNING APPLICATION NO. 99- 0418 (DEVELOMENT CODE AMENDMENT) AMENDING SECTION 17.16.070 TO INCLUDE HARVESTON SPECIFIC PLAN NO. 13 AND ADOPT CHAPTER 11 (DEVELOPMENT STANDARDS) INCLUDING THE ZONING STANDARDS INCLUDED THEREIN FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE HARVESTON SPECIFIC PLAN NO. 13, ON PARCELS TOTALING APPROXIMATELY 550 ACRES LOCATED ON THE EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910- 261-002, 910-110-013, 9 10-110-015, 910-110-020, 910-110-021, 910-110-027, 910-110-076, 910-100-007, 910-100-008, 910-060- 009, 910-120-005, 910-120-007, 910-120-008, 911-630-001,911- 630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023 AND 911-180-028. THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Add the following to the end of the list contained in Section 17.16.070 of the Temecula Municipal Code: "SP-12 Wolf Creek SP-13 Harveston" Section 2. The City Council for the City of Temecula hereby adopts Chapter 11 of the Harveston Specific Plan, Development Standards as an uncodified ordinance. Section 3. Notice of Adoption. Within 10 days after the adoption hereof, the City Clerk of the City of Temecula shall certify to the adoption of this ordinance and cause it to be posted in at least three public places in the City. Section 4. Environmental Compliance. The City Council of the City of Temecula hereby finds that the Final Environmental Impact Report (FEIR) and mitigation monitoring reporting program is consistent with the California Environmental Quality Act (CEQA) and that it accurately addresses the impacts associated with the adoption of these two Ordinances implementing the Harveston Specific Plan. Section 5. Severabilit¥. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. R:\S P~Harveston SP~City Council~DevCode&Zoning--CC Ord.doc Section 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 7. Effective Date.. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause copies of this Ordinance to be posted in three designated posting places. Section 8. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Councilmembers voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this day of 2001. A'I-FEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 01- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __ day of 2001, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the __ day of ,2001 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P~Harveston SP\City CounciBDevCod¢&Zoning--CC Ord.doc 2 EXHIBIT C (For Attachment No. 2) CITY COUNCIL ORDINANCE FOR THE CHANGE OF ZONE AND AMENDMENT TO THE OFFICIAL ZONING MAP AND R:\S P~Harveston SP\PC Docs\ PC STAFFRPT,doc 26 EXHIBIT C (For Attachment No. 2) ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE ZONE CHANGE OF THE THREE EXCLUDED PARCELS LOCATED WITHIN THE HARVESTON SPECIFIC PLAN AND AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF TEMECULA ON PARCELS TOTALING 550 ACRES LOCATED ADJACENT TO INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001, 910-261-002, 910-110- 013, 910-110-015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-005, 910-120-007, 910-120-008, 911-630-001, 911-630-002, 911-630- 003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911- 180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AN D 911-180-028. WHEREAS, Lennar filed Planning Application Nos. PA99-0418 and PA00-0295 (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and Focal law; WHEREAS, the Planning Commission considered the Application on June 20, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, the City Council considered the Application on ,2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, subject to the recommended conditions, together with the concurrent recommendation on the Harveston EIR and adoption of the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Approve the removal of the three excluded pamels from the Harveston Plan and approve the amendment to the official City Zoning map as shown substantially in the form of Exhibit C-1. R:\S P~Harveston SP~City Council\ CC Ord SP.doc Section 3. Environmental Compliance. The City Council of the City of Temecula has certified the Final Environmental Impact Report and adopted the Mitigation Monitoring Program for the Harveston Specific Plan in order to approve the Application. Section 4. PASSED, APPROVED AND ADOPTED this __ dayof 2001. ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001 - was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the __ day of 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S P~Iarveston SPiCily Council\ CC Ord SP.doc 2 EXHIBIT C-1 PROPOSED ZONING MAP R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 27 City of Temecula Proposed Zoning EXHIBIT D (For Attachment No. 2) CITY COUNCIL ORDINANCE FOR THE DEVELOPMENT AGREEMENT R:\S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 28 FOLLOWS: EXHIBIT D (For Attachment No. 2) ORDINANCE NO. 01- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND LENNAR COMMUNITIES (PLANNING APPLICATION NO. 00-0446)" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS Section 1. The City Council of the City of Temecula does hereby find, determine and declare that: a. Lennar Communities ("Owner") filed Planning Application No PA00-0419 (General Plan Amendment), PA99-0418 (Specific Plan, Development Code Amendment and Specific Plan Zoning Standards), PA 00-0189 (Environmental Impact Report), pa 99-0245 (Change of Zone), PA99-0446 (Development Agreement) PA00-0295 (Tentative Tract Map 29639), PA01-0030 (Tentative Tract Map 29928), PA01- 0031(Tentative Tract Map 29929) and PA01-0032 (Tentative Tract Map No. 30088 (the "Application") in accordance with the City of Temecula General Plan and Development Code for land use approvals for a 550 acre planned community located adjacent to and east of Interstate 15, north of Santa Gertrudis Creek, west of Margarita Road, south of the northern City Limit ("Project"). b. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. c. On June 20, 2001 the Planning Commission of the City of Temecula held a duly noticed public hearing on the Draft Environmental Impact Report, the proposed Development Agreement(s) and the other land use applications for the Project at which time all persons interested in the Draft EIR, proposed Development Agreement and the Project had the opportunity and did address the Planning Commission on these matters. R:\S P\Harveston SP\City Council\CC Ord for DA .DOC 1 d. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Development Agreement and the Project, the Planning Commission adopted Resolution No. 2001- __ recommending to the City Council that the Development Agreement be approved, subject to certain recommended conditions. e. On ., 2001 the City Council of the City of Temecula held duly noticed public hearings on the Draft Environmental Impact Report, proposed Development Agreement(s) and the other land use applications for the Project at which time all persons interested in the proposed Development Agreement and the Project had the opportunity and did address the City Council on these matters. f. Following consideration of the entire record of information received at the public hearings before the Planning Commission and the City Council, and due consideration of the proposed Final EIR, General Plan Amendment, Change of Zone, Code Amendment, Specific Plan Zoning Ordinance, Tentative Tract Maps (Level A and B), and Development Agreement, the City Council adopted Resolution No. 2001- , entitled "A Resolution of the City Council of the City of Temecula Certifying the Environmental Impact Report Prepared for the Harveston Specific Plan No. 13 (Planning Application No. 99-0418) and Related Actions, and Adoption of the Environmental Findings Pursuant to the California Environmental Quality Act and a Mitigation Monitoring and Reporting Program in Connection Therewith." Section 2. and declares that: The City Council of the City of Temecula further finds, determines A. In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, in further consideration of the implementation of the Harveston Specific Plan and in order to strengthen the public financing and planning process and reduce the economic costs of development, by the Development Agreement, the City intends to give Owner assurance that Owner can proceed with the development of the Project for the Term of the Development Agreement pursuant to the terms and conditions of the Development Agreement and in accordance with the City's General Plan, ordinances, policies, rules and regulations existing as set forth in the Development Agreement. In reliance on the City's covenants in the Development Agreement concerning the development of the Property, Owner has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. B. The Development Agreement and the Existing Project Approvals, as defined in the Development Agreement, implement the goals and policies of the City's General Plan, and the Harveston Specific Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. C. The City has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concluded that the Project is in the best interests of and is not detrimental to the health, safety and general welfare of the City. R:\S P\Harveston SP\City Council\CC Ord for DA .DOC 2 D. The Development Agreement is consistent with the City's General Plan, and each Element thereof, and the City's Growth Management Action Plan, and constitutes a present valid exercise of the City's police power. E. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. occurred. All legal prerequisites to the adoption of this Ordinance have Section 3. The City Council of the City of Temecula hereby approves certain agreement entitled "Development Agreement by and Between the City of Temecula and Lennar Communites" and authorizes the Mayor to execute said agreement attached hereto as Attachment 8. Section 4. If any sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED this __ day of ,2001. ATTEST: Jeffrey Comerchero Mayor Susan Jones, CMC City Clerk R:\S P~Harveston SP\City Council\CC Ord for DA .DOC 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF TEMECULA ) I, Susan Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 01- was duly introduced and placed upon its first reading at a regular meeting of the City Council on the __. day of ,2001, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the __ day of 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCiLMEMBERS: ABSTAIN: COUNCILMEMBERS: SUSAN JONES, CMC CITY CLERK APPROVED AS TO FORM: Peter M. Thorson City Attorney R:\S PLHarveston SP\City Council\CC Ord for DA .DOC 4 ATTACHMENT 3 PC RESOLUTION FOR TENTATIVE TRACT MAPS PA00-0295 (TTM 29639) PA01-0030 (TTM 29928) PA01-0031 (TTM 29929) PA01-0032 (TTM 30088) IR:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 29 ATFACHMENT NO. 3 PC RESOLUTION NO. 2001- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. 00-0295 - TENTATIVE TRACT MAP NO. 29639 (LEVEL "A"), PLANNING APPLICATION NO. 01-0030 (LEVEL "B' MAPS) -TENTATIVE TRACT MAP NO. 29928; PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929; AND PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, FOR THE SUBDIVISION OF A PORTION OF PHASE 1 OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND KNOWN AS ASSESSOR PARCEL NOS. 910-261-001,910-261-002, 910-110-013, 910-11 0-015, 910- 110-020, 910-110-021,910-110-027, 910-110-076, 910-100-007, 910-100- 008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001, 911-640-002, 911-180-002, 911-180-003, 911-180-004, 911- 180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. WHEREAS, Lennar Communities filed Planning Application No. PA00-0295, PA01-0030, PA01-0031, and PA01-0032 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended approval of the Application subject to the conditions after finding that the project proposed in the Application conformed with the City of Temecula General Plan, as amended, the proposed Specific Plan, Development Code and Subdivision Ordinance; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated Section 2. Findinqs. That the Temecula Planning Commission, in recommending that the City Council approve the Application, hereby recommends the following findings as required in Chapter 16. of the City of Temecula Subdivision Ordinance. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, the proposed Harveston Specific Plan and the City of Temecula Development Code; R:\S P\Harveston SP\PC Docs\RES-TM-Har. PC.doc B. The tentative maps do not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; C. The site is physically suitable for the type and proposed density of development proposed by the tentative maps; D. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; E. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081 (a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; F. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; G. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; H. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. (Quimby). The subdivisions are consistent with the City's parkland dedication requirements Section 3. Environmental Compliance. Residential projects approved undera Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. Section 4. Recommendation to the City Council. That the City of Temecula Planning Commission hereby recommends approval of Planning Application Nos. PA00-0295 (Tentative Tract Map 29639), PA01-0030 (Tentative Tract Map 29928), PA01-0031 (Tentative Tract Map 29929) and PA01-0032 (Tentative Tract Map No. 30088) for the subdivision of a portion of the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit A-l, B-l, C-1 and D-l, respectively, and attached hereto, and incorporated herein by this reference. R:\S P~--larveston SP\PC Docs\RES-TM-Har. PC.doc 2 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 20th day of June 2001. ATTEST: Ron Guerriero, Chairman Debbie Ubnoske, Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 01 - was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 20th day of June, 2001, by the following vote: AYES: PLANNING COMMISSIONERS: NOES: PLANNING COMMISSIONERS: ABSENT: PLANNING COMMISSIONERS: ABSTAIN: PLANNING COMMISSIONERS: Debbie Ubnoske, Secretary R:\S P\Harveston SP\PC Docs\RES-TM-Har. PC.doc 3 EXHIBIT A (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 29639 (PA 00-0295) R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 30 ATTACHMENT NO. A (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 00- 0295 - TENTATIVE TRACT MAP NO. 29639, THE SUBDIVISION OF APPROXIMATELY 550 ACRES INTO 91 LOTS WHICH CONFORM TO THE PLANNING AREAS, OPEN SPACE AREAS, SCHOOL AND PARK SITES OF THE HARVESTON SPECIFIC PLAN LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261-001,910- 261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110- 027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001,911-630-002, 911-630-003, 911-640-001,911-640-002, 911- 180-002, 911-180-003, 911-180-004, 911-180-008, 911-180-009, 911-180- 015, 911-180-023 AND 911-180-028. WHEREAS, Lennar Communities filed Planning Application No. PA00-0295 (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20,2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. by reference. That the above recitations are true and correct and are hereby incorporated R:\S P~Harveston SP\City Counci1~29639--CC RESO.DOC Section 2. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved undera Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA00-0295 (Tentative Tract Map 29639), the subdivision of approximately 550 acres into 91 lots which conform to the Planning Area, school and park sites of the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit A-l, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may R:\S P~arveston SP\CiIy Counci1~29639-CC RESO.DOC be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 910-261-001,910-261-002, 910-110-013, 910-110-015, 910-110-020, 910-110-021,910-110- 027, 910-110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001,911-630- 002, 911-630-003, 911-640-001,911-640-002, 911-180-002, 911-180-003, 911-180-004, 911-180- 008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. Section 5. PASSED, APPROVED AND ADOPTED this 2001. __day of ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:\S PV-larveston SP\City Counci1~29639-CC RESO,DOC 3 EXHIBIT A-1 (For Attachment No. 3) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 29639 (PA 00-0295) R:\S P\Harveston SP\PC Docs\ PC STAFFRPT.doc 31 EXHIBIT A-1 CITY OFTEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA00-0295 (Tentative Tract Map No. 29639) Project Description: The subdivision of approximately 550 acres into 91 lots which conform to the Planning Areas, Open Space Areas, School and Park sites of the Harveston Specific Plan. Assessor's Parcel Nos.: 910-261-001,910-261-002, 910-110-013, 910-110- 015, 910-110-020, 910-110-021,910-110-027, 910- 110-076, 910-100-007, 910-100-008, 910-060-009, 910-120-008, 911-630-001, 911-630-002, 911-630- 003, 911-640-001, 911-640-002, 911-180-002, 911- 180-003, 911-180-004, 911-180-008, 911-180-009, 911-180-015, 911-180-023 AND 911-180-028. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of the Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be R:\S P~Harveston SPxPC Docs~29639-COA.doc responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Once the Project Study Report (PSR) conducted by Caltrans is completed, the road alignments affecting the individual planning areas (i.e. Ynez Road and Cherry/Date Street) may be altered or modified to implement the PSR. The alternation or modification of the roads will require a revised tentative tract map ("A" Map) subject to the approval of the Director of Planning and Public Works Director. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. All modifications to the phasing map after the first phase of development shall not require a Specific Plan Amendment and shall be approved administratively. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. 10. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits 11. A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 12. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula R:\S l:~Harveston SI~PC Docs~29639-COA.doc 2 Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 1 3. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and ail landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or R:\S I~Harveslon SPxPC Docs\29639-COA.doc 3 voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 14. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. PUBLIC WORKS DEPARTMENT Unless otherwise noted, all conditions shall be completed by the Developer at no cost to any Government Agency. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission will subject the project to further review and may require revision. GENERAL CONDITIONS 1 5. All utility systems such as electric, including those which provide direct service to the project site and/or currently exist along public rights-of-ways adjacent to the site (except electrical lines rated 33 kv or greater), gas, telephone, water, sewer, and cable TV shall be placed underground, with easements provided as required, and designed and constructed in accordance with City Codes and the utility provider. 16. Prior to the issuance of any grading permit, as deemed necessary by the Department of Public Works, the Developer shall consult with the State of California Department of Fish and Game, U.S. Army Corps of Engineers, and U.S. Fish and Wildlife Service to determine if permits or approvals are necessary from such agencies for any action contemplated by this proposal. Such consultation shall be in writing, and copies of said correspondence, including responses from agencies, shall be submitted to the City. Where appropriate, the terms, conditions, and recommendations of the noted agencies shall be incorporated as Conditions of Approval into the areas of development. 17. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 18. Landscaping and permanent irrigation facilities shall be installed with all street improvements on and off-site grading. Perimeter walls, where required, shall be treated with graffiti-resistant coating and shall be installed adjacent to street improvements within each phase. 19. A phasing plan addressing the schedule of necessary infrastructure requirements shall be approved by the Department of Public Works and the Planning Director prior to approval of any subsequent application. 20. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal R:XS l~Harveston SPxPC Docs~29639-COA.doc 4 Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. 21. The Developer shall make a good faith effort to acquire the required real property interests necessary to carry out these conditions, and if he or she should fail to do so, the Developer shall, prior to submittal of the Final Map for recordation, enter into an agreement to complete the improvements pursuant to the Subdivision Map Act, Section 66462 and Section 66462.5. Such agreement shall provide for payment by the Developer of all costs incurred by the City to acquire the real property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the Developer, at the Developer's cost. The appraiser shall have been approved by the City prior to commencement of the appraisal. CIRCULATION 22. Prior to Final Map recordation, the Developer is responsible to bond for or construct the traffic signals at the project's accesses, as required, including the associated street improvements, based on traffic signal warrants analysis relative to subsequent tentative maps and/or development applications. 23. Adequate primary and secondary access shall be provided for each phase of development as approved by the Department of Public Works. Access to office and commemial areas shall be reviewed by the Department of Public Works at the time of submittal of individual tentative maps and/or development applications. Additional rights-of-way at entries to the aforementioned sites may be required to provide for turning lanes as directed by the Department of Public Works. 24. The exact location and number of access points shall be subject to review and approval by the Department of Public Works upon future tentative map and/or development plan approvals. 25. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Cimulation Element of City's General Plan, City ordinances and standards or as approved with the Harveston Specific Plan. 26. All intersection intervals shall comply with City standards and requirements. 27. The Developer shall provide bus bays and shelters within the Specific Plan. Location and number of bus bays shall be subject to approval of the City and Riverside Transportation Agency (RTA). Additional rights-of-way dedications associated with bus bays shall be provided by the Developer. 28. Necessary improvements have been/will be conditioned based on the project traffic studies and the conceptual phasing plan shown on Harveston Cherry Alternative, Revised Proposed Phasing (8/12"Xl1") 4/23/01. Any substantive rephasing of the development must be approved by the Planning and Public Works Director through a rephasing application. Prior to the issuance of occupancy permits within any phase, all on and offsite improvements as referred to in the Traffic Reports and subsequent addenda along with additional requirements set herein, or as set by conditions on individual tracts, must be constructed and/or bonded as required by the Department of Public Works. R:~q PXHarveston SPXPC Docsk29639-COA.doc 5 29. Ensuing Traffic Reports, analyzing traffic impacts associated with subsequent development stages of Tentative Tract 29639, shall be submitted to identify implementation and timing of the necessary improvements to mitigate cumulative traffic impacts. TRAFFIC MITIGATION MONITORING PROGRAM 30. The Traffic Mitigation Monitoring Program proposes that a traffic study be approved prior to the issuance of first occupancy permit in each additional phases of the development. The intent of the Traffic Mitigation Monitoring Program is not to re-define mitigation responsibility, but rather to assist in the refinement of area improvement needs and the timing of the improvements. The traffic study would: 1) document ambient traffic volumes conditions; 2) estimate trip generation for the particular development phase; and 3) assess traffic conditions with the traffic added by the particular development phase. The exact study area to be addressed in each of the traffic studies should be defined through discussions with the City Traffic Engineer. In general the study area should include the immediate access intersections and roadways, which would serve the new development phase and those critical off-site intersections and roadways that will provide primary access to the new development. Critical intersections / roadways are defined as those facilities that are experiencing high levels of peak period traffic congestion (at the time the traffic study is to be performed). The traffic study findings would assist the City in proactively planning for area roadway improvements. DRAINAGE 31. Drainage and flood control facilities shall be provided in accordance with the requirements of the City and/or Riverside County Flood Control and Water Conservation District (RCFC&WCD). 32. Prior to approval of any subsequent development applications, the Developer shall submit the master drainage plan to the City and RCFC&WCD to review the adequacy of the proposed and existing downstream drainage facilities. 33. Drainage facilities within each phase shall be constructed immediately after or concurrently with the completion of the site grading and prior to or concurrently with the initial site development within that phase. 34. All drainage facilities shall be designed to convey 100-year storm flows, subject to the approval of the Department of Public Works and RCFC&WCD, as applicable. The Developer shall construct the proposed on and offsite drainage facility improvements and the interim detention basin provision as recommended in the Specific Plan and Drainage Study documents and/or as directed by the Department of Public Works and RCFC&WCD, as applicable. As required by the Department of Public Works, additional Hydrology and Hydraulic Reports shall be submitted with subsequent tentative maps and/or development applications to study the drainage impacts and analyze necessary measures to mitigate the runoff created as part of the development of this project. The Developer shall accept and properly dispose of all off-site drainage flowing onto or through the site. 35. 36. 37. R:\S P~Harveston SPxPC Docs~29639-COA,doc 6 38. The Developer shall protect downstream properties from damages caused by alteration of the drainage patterns; i.e., concentration or diversion of flow. Protection shall be provided by constructing adequate drainage facilities, including enlarging existing facilities or by securing drainage easements. WATER AND SEWER 39. Water and sewer facilities shall be installed in accordance with the requirements and specifications of the City, Rancho California Water District (RCWD), and Eastern Municipal Water District (EMWD). Such requirements shall be applied at the subdivision or plot plan stages of the development. 40. Prior to the approval of subsequent development applications, the Developer shall submit the master water plan to RCWD to check for adequacy of the proposed water facilities. The Developer shall obtain written approval for the water system from RCWD. 41. Prior to the approval of subsequent development applications, the Developer shall submit the master sewer plan to EMWD to check for adequacy of the proposed sewer facilities. The Developer shall obtain written approval for the sewer system from EMWD. GRADING 42. No grading shall be permitted for any development area prior to tentative map or plot plan approval and issuance of grading permits for the specific area of development. 43. Grading plans and operations shall be in accordance with the California Building Code, City Grading Standards, the recommendations contained in the Geotechnical Report, or any subsequent reports prepared for the project, the conditions of the grading permit, and accepted grading construction practices and the recommendations and standards specified in the Specific Plan and Environmental Impact Report (EIR) document. 44. Prior to issuance of any grading permit, erosion control plans shall be prepared in conformance with applicable City Standards and subject to approval by the Department of Public Works. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements. The Developer shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit regulated by the State Water Resources Control Board, and the Storm Water Pollution Prevention Plan (SWPPP) implemented by the San Diego Regional Water Quality Control Board. Each subsequent application for a phase of development shall include a conceptual grading plan to indicate at a minimum: a. Preliminary quantity estimates for grading. b. Techniques and methods which will be used to prevent erosion and sedimentation during and after the grading process in compliance with the City Standards and NPDES requirements. c. Preliminary pad and roadway elevations. d. Designation of the borrow or stockpile site location for import/export material. 45. 46. R:\S PXHarveston SI%~C Docs\29639-COA.doc 7 e. Approximate time frames for development including the identification of areas which will be graded during the rainy months. f. Temporary and permanent storm drain systems to safely convey storm flows through the site and prevent damage to adjacent property. 47. Major grading activities shall be scheduled during the dry season wherever possible, or as otherwise approved by the Department of Public Works. 48. Soils stabilization, which may include revegetation of graded areas, shall occur within 30 days of completion of grading activities as directed by the Department of Public Works. 49. The site shall be watered during grading operations to control dust. 50. Temporary drainage and sediment control devices shall be installed as directed by the Department of Public Works. 51. An import/export route shall be submitted to the Department of Public Works prior to issuance of any grading permit. The plan shall include limitation to the duration of the grading operation and construction activities, a Traffic Control Plan, and a daily time schedule of operations. 52. Prior to issuance of any grading permit, a soils reports shall be submitted to the Department of Public Works for review and approval, to address engineering, geologic, seismic, and soils engineering concerns for each tentative map or commercial parcel map for each phase of proposed development. 53. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 54. All public streets shall be maintained and cleaned if necessary on a daily basis during grading operation and construction activities. Cash deposit, letter of credit or posting of bond to guarantee maintenance of all public rights-of-way affected by the grading operations and construction activities, shall be posted prior to issuance of grading permits. 55. If subsequent Geotechnical and Soils Reports determine that dewatering of the site is necessary during construction, necessary permits (ie. in compliance with NPDES permit) shall be obtained from appropriate agencies prior to approval of the grading plans. PHASING 56. Construction of the development permitted by Tentative Tract 29639, including recordation of final subdivision maps, may be carried out in stages provided that, adequate vehicular access is constructed for all dwelling units in each stage of development and further provided that such development conforms substantially with the intent and purpose of the Tentative Tract 29639 Phasing Plan. 57. Development applications shall be submitted for each planning unit in each phase. Total acreage and land uses within each phase shall be substantially in accordance with the specifications of the Specific Plan. R:~S P~Harveston SP~PC Dacs~29639-COA.dcc 8 58. A fair share program to reimburse the Developer for oversized improvements as specified by the EIR's allocation of fair share responsibility may be established to the satisfaction of the City and developer consistent with any of the methods authorized by the provisions of California Government Code Section 66485 through 66489. 59. PHASE 1 a, CIRCULATION The following improvements shall be completed as part of Phase 1 and prior to first building permit in Phase 2. i. Improve Date Street from Margarita Road to the Major Entry at Date Street (Urban Arterial Highway Standards - 134' R/W) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. Improve the Major Entry at Date Street from Date Street to Loop Road (Modified Major Highway Standards - 100' RNV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) and a 14 foot wide raised landscaped median iii. Improve the Loop Road from Major Entry at Date Street to the School Site (Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of-way, installation of full- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) iv. Improve northbound Margarita Road from Santa Gertrudis Creek to the southerly boundary of Tract Map No. 21340 (Arterial Highway Standards - 110' R/VV) to include installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage.facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. b. CIRCULATION The following improvements shall be completed prior to the first occupancy permit in Phase 1 i. Improve the Loop Road from the Major Entry at Margarita Road to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' R/W) to include dedication of full-width right- of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) R:XS PXHarveston SPxPC Docs\29639-COA.doc 9 (1) Provide an Eastbound Free Right Turn Lane from the Loop Road onto the Major Entry at Margarita Road ii. Improve Southbound Margarita Road from Santa Gertrudis Creek to Date Street (Arterial Highway Standards - 110' R/W) to include dedication of half-width street right-of-way, installation of half- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. iii. Improve the Major Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 106' RNV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 20 foot wide raised ~andscaped median iv. Improve the Minor Entry at Margarita Road from Margarita Road to Loop Road (Modified Street Section per the Specific Plan - 82' R/VV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) v. Improve the Village Center Road from the Loop Road to the Major Entry at Margarita Road (Modified Street Section per the Specific Plan - 63' R/W) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) The following improvements shall be completed prior to the first occupancy permit in Phase 1 of the Service Commercial area: vi. Improve Ynez Road from the southerly Specific Plan boundary to Date (Arterial Highway Standards 110' R/W) to include dedication of half-width street right-of-way, installation of half- width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median. vii. On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway-related traffic circulation purposes, a component of real property that is: (i) approximately twenty (20) contiguous acres in area; (ii) identified and defined by the City Engineer of City of Temecula; R:\S PXHarveston SP~PC Docs\29639-COA.doc 10 reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1,2003. OFFSITE CIRCULATION Prior to issuance of 326th occupancy permit for the Phase 1 Residential and more than 8 acres of Phase 1 Service Commercial development (southern portion of Planning Area 12), the developer(s) shall implement the improvements for the following, subject to reimbursement as provided in Condition 58 above unless waived as provided in Condition 10 above: i. Improve the intersection of Winchester Road at Ynez Road 1. Add Eastbound Through Lane 2. Add Southbound Right Turn Overlap Phase 3. Modify Signal to Provide Northbound Right Turn Overlap Phase ii. Improve the intersection of Winchester Road at Margarita Road 1. Add Right Turn Lane and Modify Signal to Provide Southbound Right Turn Overlap Phase 2. Add Eastbound Left Turn Lane (Dual Left) TRAFFIC SIGNALS Prior to the first occupancy permit or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 2. 3. 4. Margarita Road and Major Entry at Margarita Road Major Entry at Margarita Road and Loop Road Margarita Road and Date Street Date Street and Major Entry at Date Street R:\S D, Harveslon SD, PC Docs\29639-COA doc 11 5. Modify the existing traffic signal at the intersection of Margarita Road and Rustic Glen Drive DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula standards WATER AND SEWER i. Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements PHASE2 a. CIRCULATION The following improvements shall be completed as part of Phase 2 and prior to first building permit in Phase 3. i. Improve Date Street from the Major Entry at Date Street to the Loop Road west of Ynez Road (Urban Arterial Highway Standards - 134' R/W) to include dedication of full-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median ii. iii. 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 Improve the Loop Road from Major Entry at Date Street to the westerly boundary of Planning Area 5 (Modified Collector Road Standards - 66' R/W) to include dedication of full-width right-of- way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) Improve Ynez Road from the south tract boundary to the north tract boundary (Arterial Highway Standards - 110' R/VV) to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer)and a 14 foot wide raised landscaped median. 1. Provide Southbound Right Turn Lane onto Date Street per EIR ID. No. 37 2. Provide Northbound Right Turn Lane onto Date Street per EIR ID. No. 37 R:\S l:SHarveston SP~t~C Docsk29639-COA.doc 12 iv On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interchange and/or freeway-related traffic circulation purposes, a component of real property that is: (a) approximately twenty (20) contiguous acres in area; (b) identified and defined by the City Engineer of City of Temecula; (c) reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1, 2003. Improve Equity Drive from County Center Drive to the new Ynez Road (Modified Principal Collector Road Standards - 78' RAN) to include to include dedication of full-width right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) OFFSITE CIRCULATION Prior to the issuance of occupancy permits for the Phase II build-out of Residential (i.e., beyond 476 single family units and 346 multi-family units) and Service Commercial (i.e., beyond 8,000 square feet), the developer(s) shall improve the intersections below, subject to reimbursement as provided in Condition 58 above unless waived as provided in Condition 10 above: i. Winchester Road at Jefferson Avenue 1. Add Eastbound Right Turn Lane 2. Add a Southbound Left Turn Lane (Dual Left) R:\S D, Harveston SI%PC Docs\29639-COA.doc 13 ii. iii. iv. vi. vii. 3. Convert Southbound Right Turn Lane to Shared Through and Right Turn Lane 4. Add Northbound Right Turn Lane (Dual Right) Winchester Road at 1-15 Southbound Ramp 1. Add Eastbound Right Turn Lane 2. Add Southbound dedicated Left Turn Lane (Dual Left) and Widen Off Ramp to Accommodate the Added Lane Winchester Road at Ynez Road 1. Add Eastbound Left Turn Lane (Dual Left) 2. Add Eastbound Through Lane 3. Add Northbound Left Turn Lane (Triple Left) 4. Modify Signal to Provide Northbound Right Turn Overlap Phase 5. Split Northbound and Southbound Signal Phases 6. Add Westbound Through Lane 7. Add Southbound Shared Through and Right Turn Lane (300' Minimum) Overland Drive at Jefferson Avenue 1. Modify Signal to Provide Westbound Right Turn Overlap Phase 2. Modify Signal to Provide Northbound Right Turn Overlap Phase 3. Split Northbound and Southbound Signal Phases 4. Add Eastbound Right Turn Lane Overland Drive at Ynez Road 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Through Lane 3. Modify Signal to Provide Westbound Right Turn Overlap Phase 4. Modify Signal to Provide Southbound Right Turn Overlap Phase Overland Drive at Margarita Road 1. Modify Northbound Through Lane to Shared Through and Left Turn Lane 2. Split Northbound and Southbound Signal Phases Winchester Road at 1-15 Northbound Ramp 1. Add Westbound right turn lane (Dual right) R:\S PXHarvcston SP~PC Docs\29639-COA.doc 14 CITY OF MURRIETA CIRCULATION A fair-share contribution shall be made to the City of Murrieta prior to the first occupancy permit in Phase 2 to improve the intersection of: i. Murrieta Hot Springs Road at Jefferson Avenue 1. Add Westbound Left Turn Lane (Dual Left) 2. Channelize Northbound Right Turn Lane to Allow Free Right Turn Movement ii. Murrieta Hot Springs Road at Alta Murrieta Drive 1. Add Westbound Right Turn Lane 2. Modify Westbound Shared Through and Right Turn Lane to Right Turn Only Lane iii. Murrieta Hot Springs Road at Margarita Road 1. Modify Eastbound Through Lane to Shared Through Lane/Right Turn Lane 2. Modify Northbound Through Lane to Shared Through Lane/Left Turn Lane TRAFFIC SIGNALS i. Prior to the first occupancy permit, or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersections: 1. Date Street and Major Entry at Date Street DRAINAGE i. Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. WATER AND SEWER Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements: PHASE3 a, CIRCULATION The following improvements shall be completed as part of Phase 3 i. Improve Date Street from the Loop Road west of Ynez Road to west tract boundary (Urban Arterial Highway Standards - 134' R/VV) to include dedication of full-width street right-of-way, installation of full-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and R:\S PXHarveston SP~PC DocsL29639-COA.doc 15 ii. striping, utilities (including but not limited to water and sewer), and a 14 foot wide raised landscaped median 1. Provide Eastbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 2. Provide Westbound Right Turn Lane onto Ynez Road per EIR ID. No. 32 On or before January 1, 2003 the Developer shall reserve for the City's use or commitment to use the same for freeway interohange and/or freeway-related traffic circulation purposes, a component of real property that is: (a) (b) (c) approximately twenty (20) contiguous acres in area; identified and defined by the City Engineer of City of Temecula; reserved for a twenty (20) year period for the purpose of offering a permanent dedication for freeway related purposes to the City of Temecula if and when the City represents to Developer that a freeway interchange is to be constructed on the burdened property. Any portion of the Reserved real property shall be released from the reservation at the time the City determines such real property is not necessary for the freeway improvements. "Reservation" shall mean the Owner an/or Developer of the subject real property shall not improve the real property but shall instead maintain the property in a non-nuisance condition and in an undeveloped/unimproved state during the term of the Reservation. The Owner or Developer shall submit an enforceable written instrument so burdening the subject real property for the review and approval of the City Attorney and Director of Public Works prior to, and have the same approved, in such time so as to allow the Reservation to be enforceable on or before January 1, 2003. TRAFFIC SIGNALS Prior to the first occupancy permit in Phase 3 or as warranted, the developer shall install a traffic signal with conduits for future interconnect at the following intersection: 1. Date Street and Ynez Road DRAINAGE Construct backbone channel and/or drainage facilities and all associated improvements per Riverside County Flood Control and Water Conservation District and the City of Temecula requirements. R:~S PXHarveston SP~PC Docs\29639-COA.doc 16 WATER AND SEWER Install water mains per Rancho California Water District requirements and sewer mains per Eastern Municipal Water District requirements. COMMUNITY SERVICES DEPARTMENT General Requirements: 60. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 61. The current park dedication requirement (Quimby) shall be satisfied with the 16.5 acre community park (Lot 53), the existing Winchester Creek Park and the HOA owned and maintained recreational areas identified in the Harveston Specific Plan including the 6.9 acre Lake Park (Lots 33, 34 and 37), the 1.8 acre Village Green (Lot 35), the 2 acre Village Club (Lot 36) and the mini parks totaling 1.5 acres. 62. The actual design of the 16.5 acre community park (Lot 53) shall be in substantial conformance with the conceptual designs and guidelines identified within the Specific Plan. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided on site. Construction plans and specifications must be approved by the Director of Community Services. 63. All park and slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and the Park Land and Landscape Dedication Process. 64. The design of the community park (Lot 53) shall provide for pedestrian circulation and access for the disabled throughout the park. 65. Construction of the 16.5 acre community park site and proposed TCSD landscape maintenance areas shall commence pursuant to a pre-job meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 66. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the park sites and slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD. 67. The 16.5 acre community park shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall also be provided with the conveyance of the property. 68. All perimeter slope/landscape areas adjacent to roadways with a 66 foot right of way or larger adjacent to single family residential development shall be offered for dedication to the TCSD for maintenance purposes following compliance to existing City standards and completion of the application process. All other landscape areas, entry monumentation, signage, pedestrian portals, bus shelters R:\S ~Harveston SI~PC Docs\29639-COA.doc and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 69. A ten (10) foot wide multi-use trail will be constructed around the Lake Park (Lots 33, 34 and 37). An 8' paseo will be constructed within the Paseo Park (Lot 31) and along the outside of the Loop Road. 70. The developer shall dedicate a fifteen (15) foot easement for a multi-use trail along the northerly edge of Lot 47, 48 and 49 between 1-15 and Ynez Road. 71. Class II bicycle lanes will be included on both sides of Ynez Road, Date Street (within the project area), the Loop Road and the three entrance roads, and the adjacent portions of Margarita Road and Date Street (bordering the County line). Class II bike lanes shall be constructed in concurrence with the street improvements. 72. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park (Lot 53). The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. 73. The 16.5-acre community park in Planning Area 1 shall be constructed, including the 90-day maintenance and establishment period, and the conveyance accepted by the City Council prior to the issuance of the first residential building permit in Phase 2 (excluding models). Notwithstanding the foregoing, if the completion of the 16.5 acre Community Park is delayed because the final and permanent alignment of Ynez Road has not been determined which prevents the designation of the boundaries of the subject park, the City may, in the reasonable discretion of the City Manager and which shall not be unreasonably withheld, continue to issue building permits during the term of such uncertainty. The City Manager may require, and the Owner or Developer shall provide, the provision of notice to potential purchasers of the scope of improvements intended to occur within the subject park, including, but not limited to, lighted athletic fields. Notice, as required by the City Manager, may include, but is not limited to, signage (both on and off the anticipated park site), letters, displays or handbills. Prior to Approval of the Final Map: 74. The developer, or his assignee, shall offer for dedication, enter into an agreement and post security with the TCSD to improve the proposed parkland located in Planning Area 1 in accordance with the City standards, prior to the approval of the respective final map. 75. All areas intended for dedication to the TCSD for maintenance shall be identified on each final map by numbered lots and indexed to identify said lots numbers as a proposed TCSD maintenance areas. 76. All TCSD slope/landscaping maintenance easements shall be offered for dedication on each final map. R:\S I~Harvesmn SPxPC DocsL29639-COA.doc 18 77. Construction drawings for all landscape medians and proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services prior to the approval of each final map. 78. The subdivider shall post security and enter into an agreement to improve all landscape medians and proposed TCSD maintenance areas prior to the approval of each final map. 79. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the TCSD maintenance program prior to approval of each final map. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits: 80. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy: 81. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 82. It shall be the developer's responsibility to provide written disclosure of the existence or TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT 83. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 84. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20- PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 85. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall R:\S P~-larveston ~P~PC DocsX29639-COA.doc 19 86. 87. 88. 89. 90. 91. 92. 93. 94. be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2,903.4.2, and Appendix Ill-B) The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20- PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cut-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have a clear paved section of thirty- six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a R:XS PXHarveston SFxPC Docs\29639-COA.doc 20 turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 95. 96. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shah be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 97. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 98. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 99. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. OTHER AGENCIES 100. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated August 18, 2000, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 101. The applicant shall comply with the recommendations set forth in the County of Eastern Information Center, U.C. Riverside dated August 9, 2000, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31, 2001, a copy of which is attached. R:\S PXHarveston SPXPC DocsL29639-COA.doc By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:\S PXHarveston SPXPC Docsk29639-COA.doc 22 DAVID P. ZAPPE General Manager-Chie f Engineer RIVERSIDE COUNT FLO AND WATER CONSERVATION DISTRINT'R% City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: ~.~'TTV AI~'T~S' / Ladies and Gentlemen: 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180.1 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities The D stdct a so does not .plan check ci~/land use cases, or provide State Division of Real Estate letters or other flood hazard reports for SUCh cases. District comments/recommendations for such cases are normally limited to tams of specific ~nterest to the Distdct including District Master Drainage Plan facilities, other regional flood contro and dm nage faci t es wh ch could be considered a logical componen[or extension of a master plan system and Distdct Ara_a Dm nag_e Plan fee~s_(dev~eLop_m__ent mit_iga_!ion fees):_ In additioq,jqformatio_n qf ~a general nature is - -provided: The D strct has n, ot.[.eviewed the proposed,project in detail and the following checked comments do not in any way constitute or imply uistfict approval or enoorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: ~ This project would not be impacted by Distdct Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This project nvo vas Distdct Master Plan facilities. The Distdct will accept ownership of such facilities on written request of the City. Facilities must be constructed to Distdct standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrabve fees will be required. This prOject propos.es channels storm .drains 36 inches or larger in diameter, or other facilities that could be conmdered regional in nature and/or a ~ogical extension of the adopted Master Drainage Plan. The Distdct would consider accepting ownership of such tacilities on written request of the City. Facilities must be constructed, to District standards, and Distdct pJan check and inspection will be required for uistdct acceptance. Plan cneck, inspection ano administrative tees will be required. ~ This project is located within the Ii.mits .of the District's I'/}OP, P,I~TF~ ~ff~.~.~N/..~AHT/~' Drainage Plan tor which drainage Tees nave been adopted; applicable tees/Should be paid by cashier's check or money order only to the Flood Control Distdct prior m issuance of building or gradingpermits whichever comes first. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project_may r.eflu re a Nat onal Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources tJona'ol uoard. Clearance for grading, recordation or other nnal approva/should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. if this project nvo vas a Federa Emergen,c.y Manage.merit Age, ncy (FE.MA) mapp. ed flo, od plain then the City should require the applicant to prov de a stua es, calculations, p~ans and otner mrormation required to meet FEMA requ rements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grad ng, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is imp.acted by this project, the. City should req,uire the a[:)~licant to obta n a Sect on 1601/1603 Agreement from the California uepartment of Fish and Game ann a Clean water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies nd caring the project s exempt from these reqmrements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: fi:3 ~ Ill:3' ~)C)O August 9. 1900 4:19J11~ -- From '9~ Page ~ALIFORNIA HISTORICAL I~ESOURCES tNFORMATION ~YSTEM Unk~say ~ Ca~x~a Rive~s~e, CA 92521~0~18 Ph~e (gO9) 787-b-745 Fax (90g) 787-5,~9 August9,2000 TO: Patty Anders City of Temecula Planning Department RE: Cultural Resource Review Case: PA 00-0295; Lennar Homes Financing Tentative Tract Map A Records at the Eastern information Center of the California Historical Resources Information System have been reviewed to determine if this project would adversely affect prehistoric or historic cultural resources: The proposed project area has not been surveyed for cultural resources and contains or is adjacent to ~ known cultural reecurce(sL A Phase I study is recommended. Based upon existing data the proposed project area has the potential for containing cultural resources. A Phase I study is recommended. A Phase I cultural resource study (MF # ) identified one or more cultural resources. The project area contains, or has the possib~ity of containing, cultural resources. However, due to the nature of the project or prior data recovery studies, an adverse effect on cultural resources is not anticipated. Further study is not recommended. t' A Phase I cultural resource study {MF//9911247312664/2827) identified no cultural reeources. Further ~ study is not recommended. There is a Iow probability of cultural resources. Furthe~ stucly is not reoommandedo If, during construction, cultura~ resources are encountered, work should be halted or diverted in the m immediate area while a qualified archaeologist evaluates the finds and makes recommendation. ~/ Due to the archaeological sensitivity of the area, earthmov[ng during construction should be monitored by a professional archaeologist. The submission of a oultural resource management report is recommended following guidelines for " Archaeological Resource Management Reports prepared by the California Office of Historic I~eservation, P~ese~vetion Planning Bulletin 4(a), December 1989. Phase I Records searCh and field survey -- Phase II Testing (Evaluate resource significance propose mitigation measures for 'significant' sites.[ -- Phase III Mitigation (Data recovery by excavation, preservation in place, er a combination of the two. I -- Phase IV Monitor earthmoving activities COMMENTS: If you have any questions, please contact us. Eastern Information Center RTR ID:9096841007 HRY 31'01 9:14 No.O01P.02 May 31,200l ./ Riverside Transit Agency 1825 Third Street P.O. BOX 59968 Riverside, CA 92517 Phone;(~Og) 684-0850 Fax: (909) $84-1007 City of Temccula Planning DcparUncnt I met recently with Matt Fagan to discuss the Harveston Specific Plan. It appears that all attempts have been made to d~sign the project in a transit-friendly mam~er, including thc open-ended clustering el'residential units. The mixed.uses in the Village Oreen Center are also conducive to transit usage.. We hope to jointly design a pilot program to cncouragc transit usage and thc usc of other alternatives to the single occupancy vehicle. It would be beneficial for the community to provide transit access to adjacent ar~as, such as thc Pmmcnadc Mall, middle and high schools and local employment centers. Please continue to keep os posted 9o we can maximize coordination of planning efforts. Thm~k you for the opportunity to comment on this project. · EXHIBIT B (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 29928 (PA 01-0030) R:\S p~Harveston SP\PC Docs\ PC STAFFRPT.doc 32 ATTACHMENT NO. B (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 01-0030 - TENTATIVE TRACT MAP NO. 29928, THE SUBDIVISION OF APPROXIMATELY 40 ACRES INTO 140 RESIDENTIAL LOTS AND 21 OPEN SPACE LOTS IN PLANNING AREA 7 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-180-003, 911-180-004, 911-640- 001 AND 911-630-003. WHEREAS, Lennar Communities filed Planning Application No. PA 01-0030 (Tentative Tract Map 29928), (the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. R:~S P~Harveston SPXCity Counci1~29928--CC RESO.doc Section 2. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. R:~S P~Harveston SP\City CouncilX29928--CC RESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0030 (Tentative Tract Map 29928), the subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7, located within the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit B-l, attached hereto, and incorporated hereih by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 911-180-003, 911-180-004, 911-640-001 and 911-630-003. Section 5. PASSED, APPROVED AND ADOPTED this ,2001. day of ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: OUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S PXHarveston SP~City Counci1~29928--CC RESO.doc 3 EXHIBIT B-I CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 29928 (PA 01-0030) R:\S P\Harveston SP~PC Docs\ PC STAFFRPT.doc 33 EXHIBIT B-1 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01- 0030 (Tentative Tract Map No. 29928) Project Description: The subdivision of approximately 40 acres into 140 residential lots and 21 open space lots in Planning Area 7, located within the Harveston Specific Plan. Assessor's Parcel Nos.: 911-180-003, 911-180-004, 911-640-001, and 911-630-003. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S I~Harveslon SI&PC Docs\29928-COA The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Within thirty (30) days of the final approval of the project by the City Council, the map shatl be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 1 t. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: 1) This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. R:\S PXHarveston SPh°C Docsk29928-COA 2 2) The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) 1) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. 2) No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 3) Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. R'\S l~,HnrvcSlon SD, PC Docs\29928 COA 3 3) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 4) Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). b. Private common areas prior to issuance of occupancy permits. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. All street frontage of school sites along General Plan and Specific Plan designated roadways. Wall and Fence Plans consistent with the Harveston Specific Plan and the Conceptual Landscape. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Manager approval. Prior to Issuance of Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 16. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Front yard and slope landscaping within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S P~Harveston SP~PC DocsL29928-COA 4 PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project, Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District R:\S PXHarveston SPxPC Docs\29928-COA 5 24. 25. k. General Telephone I. Southern California Edison Company m. Southern California Gas Company The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: Improve Street "B" (Modified Street Section per the Specific Plan - 100' RNV) to include dedication of half-width street right-of-way, installation of half-width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer), raised landscaped median. Improve Harveston School Drive - (Modified Street Section per the Specific Plan - 82' R/VV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Harveston Drive - (Modified Street Section per the Specific Plan - 66' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "HH", "11", "JJ", and "KK" - (Modified Street Section per the Specific Plan - 66' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets "LL", "MM", "NN", "OO", "PP", "QQ", "RR", "SS", "TT", and "UU" (Modified Street Section per the Specific Plan - 56' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. A School Zone signing and striping pian, per Caltrans standards, shall be designed by a registered Civil Engineer for the school site within this project and included with the street improvement plans for the project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are met, shall be installed by the Developer. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: R:~S PXHarveston SPXPC DecsX29928-COA 6 Street centedine grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard Nos. 207, 207A and/or 208. Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401 or as modified in the Specific Plan to 5' width. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties, f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. h. All street and driveway centerline intersections shall be at 90 degrees. All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk, Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33ky or greater, shall be installed underground 26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Margarita Road, Harveston School Road and Harveston Drive on the Final Map with the exception of any opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. R:\S P~Harveston SPkPC Docs\29928-COA 7 30. Any delinquent property taxes shall be paid. 31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 32. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 33. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 34. Bus bays will be provided at all existing and future bus stops as determined by the Department of Public Works in consultation with RTA and the Developer. 35. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map, 36. Easements for sidewalks for public uses shall be dedicated to the City where sidewalks meander through private property. 37. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 38. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works 39. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. 40. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall R:\S P~Harveston SI~PC Docs\29928-COA 8 address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 41. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 42. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate cuff all capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of ail facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. 43. The Developer must compty with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resoumes Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 44. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 45. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. 46. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 47. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 48. Final Map shall be approved and recorded. 49. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. R:~S PXHarveston SPXPC DocsX29928-COA 9 50. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. 51. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Prior to Issuance of Certificates of Occupancy 52. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 53. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 54. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 55. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT The Temecula Community Services District (TCSD) has reviewed Tentative Tract Map No. 29928 and provides the following conditions of approval: General Requirements 56. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 57. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters, fences and walls shall be maintained by the Homeowners Association (HCA), private maintenance association or property owner. R:\S P~Harveston SPXPC Docs\29928 COA 10 58. 59. Construction of the proposed TCSD landscape maintenance areas and landscape medians shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 60. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive), Harveston School Drive, Street "B", Date Street and Margarita Road shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 61. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. Prior to Approval of the Final Map 62. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 63. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 64. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas and landscape medians shall be reviewed and approved by the Director of Community Services. 65. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas and landscape medians. 66. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 67. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy R:~S l~Harvcston SPh~C DocsX29928-COA 68. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 69. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 70. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 71. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix 72. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 73. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-iII-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account ail information as provided. (CFC 903.2, Appendix 74. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-Bo1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix R:\S P\Hal veston SP~PC DOCSL29928-COA 12 75. 76. 77. 78. 79. 80. 81. 82. 83. 84. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac sha~l be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2). Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be; signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) R:\S P~Harveslon SI~PC Docs\29928-COA 13 85. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 86. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 87. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 88. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. 89. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 90. Obtain all plans checks and permit approvals prior to commencement of any construction work. 91. Obtain street addressing for all proposed buildings prior to submittal for plan review. 92. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1,1998). 93. All public building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 94. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 95. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 96. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 97. Provide precise grading plan for plan check submittal to check for handicap accessibility. R:\S P~Harveslon SPXlK2 Docs~29928-COA 98. Show all building setbacks 99. Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence. Construction hours are as follows: Monday - Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Code Holidays OTHER AGENCIES 100. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 101. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 103. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated Ma 31, 2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:\S PXHarveston SPXPC DocsL29928-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engineer 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX RIVERSIDE COUNTY FLOOD CONTR0 ,',/,,- AND WATER CONSERVATION DiS vi :_CT ,,1 City of Te_rnecula Planning uepartment Post Office Box 9033 Temecula, California 92589-9033 Attention: Ladies and Gentlemen: 511g0.1 The Distdct does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also do.es not plan chec[ city land use cases or provide State Diwsion of Real Estate letters or other flood, hazarp, reports mr SUCh c.~ase, s..uict,nc! co~.ments/recomme~ndations for such ,c. ases are normally limited to items or specific interest to the uistrict inc~uuing uistdct Master uraina9e Plan raci~ities, other re~lional flood control and draina.~e facilities which could b.e consi.dered a Iogi.cal componemor ext.ension of a .master p~an system and District Area urainage Plan roes (dev_e~op_ment mitigation roes). In addition, inmrm_ation or a general nature is provided. The District has not reviewed the proposed,project in detail and the following checked commen~ do not in .any way constitute or imply Distdct approval or enoorsement of the proposed project with respect to tlood hazaru, public health and safety or any other such issue: V'" This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Ma,.s, ter Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to Distdct staneards and Distdct plan check and inspection will be required for Distdct acceptance. Plan check, inspection and administrabve fees will be required. This project proposes channels, storm drains 36 inches or larger,in din. meter, or other facilities that could be considered regional in nature and/or a logical extension of the aeoptee Master Drainage Plan. The District would consider accepting ownership of such taC4it~es on wntten request of the City. Facilities must be constructed to District standai'ds and District plan check and inspection will be requir6d for Distdct acceptance. P an check, nspection and adm nistrative fees will be required. This project is located within the Ii.mits .of the. District's ~URI~ETA~_I{~.~V-/.~.'~/Wr~ ~ &.~.l',~,~5,Are, a Drainage Plan for which .drainage tees nave peen aeopted applicable tees/should be paid ,.by casniers check or money oroer onty to the Flood Control District prior m.i. ssuance of building or graoing permits, whichever comes first. Fees to be paid should be at the rate in e]zect at the time of issuance of[he actual permit. GENERAL INFORMATION This project may r,e~luira a National Pollutant ,.Discharge Elimination System (NPDES.) permit from the State Water Resources Contro~ uoard. Clearance mr graoing, recordation, or other final approva/should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. . If this project nv.o. lves a Federal Emergen,c.y Man.age. merit Agency (FE,MA), mapped flood plain then the City should require the applicent to provide all stuoies, celcu~ations, plans ane other inrormation re_quired to meet FEMA requ rements and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) pdor to grading, recordat on or other final approval of the project, and a Letter of Map Revson (LOMR) pdor to occupancy. f a natural watercourse or mapped flood plain is imp.acted by this project, the City should require the apRlicant to obtain a Section 1601/1603 Agreement from the California Department of Fish and Game and a Clean water Act Section 404 Parrot from the U S. Army Corps of .Engineers, o.r .written. c..orr.e, spo.n, dence fro..m t,.h. es~e a.g..enc, ies ind cating the pr.oj.ect is exempt fre .m..these requ~ramems. A Clean water Act ~ection 401 Water uuafity L;emt~cation may be requireo ~rom the local Calitornia Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, STUART E. MCKIBBIN Senior Civil Engineer Date: ~'' COu~NTY OF RIVERSIDE · HEAL~ ~ SERVICES AGENCY DEPARTMENT OF ENVIRONMENTAL HEALT} Febmary22,2001 City of Temecula Plamfing Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Planner RE: TENTATIVE TRACT MAP NO. 2992~ CITY OF RIVERSIDE, STATE OF CALIFORNIA. (1 LOTS) TEMECULA, COUNTY OF Dear Gentlemen: 1. The Department of Environmental Health has reviewed Tentative Tract Map No. 2992~and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, and Chapter 7 of the Califomia Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the xvater system in Tentative Tract Map No. 2992~is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City of Temecula's Office to review at least TWO WEEKS PRIOR to the request for the recordation of the final map. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Local Enforcement Agency * PO. Box 1280. Riverside, CA 92502-1280 '* (909) 955-8982 * FAX (909! 781-9653 * 4080 Lemon S~reet, 9th Floor, Riverside, CA 92501 Land Use and Water Engineering * gO. Box 1206, Riverside. CA 92502-1206 * (909) 955-8980 * FAX (909 955-S903 * 4080 Lemon Street. 2nd Floor, Riverside. CA 9250~ City of Temecula Planning De Page Two Attn: Patty Anders February 22, 200l This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Environmental Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 2992~ is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, Sam Mart-'~nviromnental Health Specialist SM:dr (909) 955-8980 January25,2001 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 !JAN 8 9 ~uu~ L~ B~_ SUBJECT: WATER AVAILABILITY TRACT NO. 29928 HARVESTON SPECIFIC PLAN PLANNING APPLICATION NO. PA01-0030 Dear Ms. Anders: John F. Hermigar Phillip L Forbes E,P. "Bob"Lemons Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. In our previous correspondence to Debbie Ubnoske dated December 5, 2000, ~,t~,t&Kr~e,erI~P RCWD requested that the developer consider the use of recycled water for the C~neralCoun~el proposed pond to be located in this development and for any other appropriate uses. We request that the developer discuss these requirements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRiCT Steve Brannon, P.E. Development Engineering Manager 01 \SB:at030\F012-T I'~FCF RTA ID:9096541007 MAY $i'01 9:14 No.O01P.02 May 31, 2001 Riverside Transit Agency 1825 Third 5~ree~ P.O. Sox 59968 Riverside, CA 92517 Phone;(909) 684-0850 Fax: (909) 684-1007 City of Teanecula Planning Dcpat'ancnt I met recently with Matt Fagan to discuss thc Harvesion Specific Plan. It appears that all attempts have been reade to d~sign the project in a transit-friendly malrocr, including thc open-ended clustering of residential units. The mixed-uses in the Village Green Center ar~ also conducive to transit usage.. We hope to jointly &sign a pilot program to encourage transit usage and thc usc of other alternatives to the single occupancy vehicle. It would be beneficial for thc community to provide transit access to adjacent areas, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep os posted so we can maximize coordination ofplanning efforts. Thank you for thc opportunity to comment on this project. Plannin§ Dire,to-~'''~ EXHIBIT C (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 29929 (PA 01-0031) R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 34 ATFACHMENT NO. C (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING OF PLANNING APPLICATION NO. 01-0031 - TENTATIVE TRACT MAP NO. 29929, THE SUBDIVISION OF APPROXIMATELY 20 ACRES INTO 118 RESIDENTIAL LOTS AND 3 OPEN SPACE LOTS IN A PORTION OF PLANNING AREAS 3 AND 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 910-261- 001, 910-261-002, 911-180-002, 911-180-003, 911-180-004 AND 911- 180-015. WHEREAS, Lennar Communities filed Planning Application No. PA 01-0031 (Tentative Tract Map 29929 the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:\S FSHarveston SP~City CouncilE29929--CC RESO.doc Section '1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. R:\S P\Han~eston SP~City Counci1~29929--CC PESO,doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0031 (Tentative Tract Map 29929), the subdivision of approximately 20 acres into 118 residential lots and 3 open space lots in a portion of Planning Areas 3 and 4, located within the Harveston Specific Plan, subject to the project specific conditions set forth on Exhibit C-1, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 910-261-001, 910-261-002, 911-180-002, 911-180- 003, 911-180-004 and 911-180-015. Section 5. PASSED, APPROVED AND ADOPTED this ,2001. day of ATTEST: Jeff Comerchero, Mayor Susan W. Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S P~Harvcston SP\City Councig29929-42'C RESO.doc 3 EXHIBIT C-1 (For Attachment No. 3) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 29929 (PA 0t-003t) R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 35 EXHIBIT C-1 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No.: PA01- 0031 (Tentative Tract Map No. 29929) Project Description: The subdivision of approximately 20 acres into 118 residential lots and 3 open space lots in a portion of Planning Areas 3 and 4, located within the Harveston Specific Plan Assessor's Parcel Nos.: 910-261-001, 910-261-002, 911-180-002, 911-180-003, 911-180- 004 and 911-180-015. Approval Date: Expiration Date: June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The .City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S P~Harveston SPXPC Docs\29929-COA The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 11. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. b. A copy of the Environmental Constraint Sheet (ECS) with the following notes: This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. R:\S PXHarveston SPh~C DocsL29929-COA 2 ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shall be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:\S PXHarveston SPXPC Docs\29929-COA 1) Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). 2) One (1) copy of the approved grading plan. 3) Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). 4) Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: i. Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). ii. Private common areas prior to issuance of occupancy permits. iii. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. iv. Shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to sixty-six (66) feet or larger. v. All street frontage of school sites along General Plan and Specific Plan designated roadways. Wall and Fence Plans consistent with the Harveston Specific Plan and the Conceptual Landscape Plan. Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Director of Planning approval. Prior to Issuance of Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 16. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Front yard and slope landscaping within individual lots shall be completed for inspection prior to issuance of each occupancy permit (excluding model home complex structures). R:\S PXHarveston SI~PC Docs\29929-COA 4 18. Ali of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works R:\S P~Harveston SP~°C DocsX,29929-COA 5 24. 25. Riverside County Health Department Cable TV Franchise Community Services District General Telephone I. Southern California Edison Company m. Southern California Gas Company The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: a. Improve Street "AA" from Street "EE" to HarVeston Drive - (Modified Street Section per the Specific Plan - 66' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Street "DD" (Modified Street Section per the Specific Plan - 60' RNV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) Improve Streets "AA", "CC", "EE", "FF", and "GG" (Modified Street Section per the Specific Plan - 56' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Street "BB" (Modified Street Section per the Specific Plan - 46.5' R/W) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. b. Driveways shall conform to the applicable City Standard Nos. 207 and/or 207A Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. R:~S P~arveston SPXPC Docs\29929-COA 6 Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401or as modified in the Specific Plan to 5' width. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. Minimum centerline radii shall be in accordance with City Standard No. 113. All reverse curves shall include a 100-foot minimum tangent section. All street and driveway centerline intersections shall be at 90 degrees. All knuckles shall be constructed in accordance with City Standards No. 602 All cul-de-sacs shall be constructed in accordance with City Standards No. 600 All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground 26. A construction area Traffic Control Plan shaJl be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Harveston Drive on the Final Map with the exception of any opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 30. Any delinquent property taxes shall be paid. 31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the R:\S P~Harveston SPxFC Docs\29929-COA 7 map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 32. 33. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. 34. A 20 foot easement shall be dedicated for public utilities and emergency vehicle access for all private streets and drives. 35. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 36. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, 'dra'nage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 37. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Riverside County Health Department f. Community Services District 38. 39. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. R:\S P',Harveston SP~PC Docs\29929-COA 8 40. 41. 42. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate ouffall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 43. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 44. 45. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The letters or easements shall be in a format as directed by the Department of Public Works. 46. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other lot. Prior to Issuance of Building Permits 47. Final Map shall be approved and recorded. 48. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 49. Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. R:tS P~Harveston SP~PC DOcs't29929-COA 9 50. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Prior to Issuance of Certificates of Occupancy 51. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District c. Department of Public Works 52. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. 53. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. 54. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT General Requirements 55. All slope/landscape plans submitted for consideration shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 56. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters and walls shall be maintained by the Homeowners Association (HOA), private maintenance association or property owner. 57. Construction of the proposed TCSD landscape maintenance areas shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. R:\S F~Harveston SP~PC Docsk29929-COA 10 58. 59. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive) shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 60. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. Prior to Approval of the Final Map 61. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 62. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 63. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas shall be reviewed and approved by the Director of Community Services. 64. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas. 65. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 66. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy 67. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project. 68. It shall be the developer's responsibility to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. R:\S PXHarvcston SPXPC DocsL29929-COA 11 FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 69. 70. 71. 72. 73. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 74. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix III.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix HI-A) The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Ill-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix Ill-B) Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) R:\S P~Harveston Sphoc Docs~29929-COA 12 75. 76. 77. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather sudace for 80,000 lbs. GVW. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. (CFC sec 902) 78. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) 79. 80. 81. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 82. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1) 83. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 84. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firetighting personnel. (CFC 902.4) Special Conditions R:\S PXHarveston SP~2 DocsX29929-COA 13 85. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 86. A~I design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 87. 88. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 89. Obtain all plan checks and permit approvals prior to commencement of any construction work. 90. 91. 92. Obtain street addressing for all proposed buildings prior to submittal for plan review. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1,1998). All public building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 93. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 94. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 95. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. 96. Provide precise grading plan for plan check submittal to check for handicap accessibility. 97. Show all building setbacks 98. Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside R:\S F~Harveston SP~PC Docs\29929-COA OTHER AGENCIES 99. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 100. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 102. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31,2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:~S P~-larveston SP~PC Docs~29929-COA.doc 15 DAVID P. ZAPPE Generzl Manager-Chie f Engi]~eer 51180.1 · RIVERSIDE COUNTY FLOOD CONTR AND WATER CONSERVATION DIS2 City of Temecula Planning Department Temecula, California 92589-9033. ~em,emen: Re: ~ The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The Distd~ also does not plan che~ ci~ land use ~ses, or provide State Division of Real Estate le~ers or other flood h~ard repo~s for suchcases. Distnct comments/m~mmendations for such cases are normally limited to items of specific ~nterest to the District including Distd~ Master Drainaae Plan facilities, other re ional flood control and drainage fad ties which could be ~nsidemd a Iogi~l componen~or e~ension of a master ~n s stem, ~nr~vi~i~i~ Area Dra nage Plan fees (development mitigation fees). In addition, info.etlon ora general n[~ is The Distd~ has not reviewed the proposed proje~ in detail and the follo~ng checked ~mments do not in any way ~nstitute or imply Distd~ approval or endorsement of the proposed proje~ with respect to flood h~ard, public health and safe~ or any other such issue: , t~ This prgje~ woud not be impaled by Distdct Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on wd~en request of the C ~ Fac ties must be constructed to Distri~ standards, and District plan check and inspe~ion ~11 be required for DistHct a~eptance. Plan check, inspe~ion and administrabve fees will be required. This project proposes channe s, storm dra ns 36 inches or larger in diameter, or other facilities that could be considered regional in nature un.or a Iogi~l e~ension of the adopted Master Drainage Plan. The Distdct would consider a~epting o~ershi~ ot suc~ tacilibes on wn~en request of the Ci~. Facilities must be ~nstru~ed to Distd~ standards, and Distd~ plan check and inspection will .[~ be required for District acceptance. Plan check, inspe~on and administrative fees ~11 be required. ~hi~ proje~ is ~t~d ~thin the limits of the Distfi~'s ~U~ ranage ~ an mr wnich drainane fee~ k=,,~ k .... ~. .... ~ ~.~'~, ~,- ~ m~ Area ~E~5~_~d? gnly t9 t~e FIq~d Control Distd~ pdor lb issuance of ~iidine or~d~nc~f~ ~;~-~, ~u,.u~ nmi. ~ees to De pine snould be at the rote in effe~ at the time of igsua~'~hg~i GENE~L INFORMATION This proje~ may require a Nationa Pollutant Discharge Elimination System (NPDES) permit from the State Water Resour~s Conlro Board. Clearance for grading, recordation or other final appmval{hould not be given until the CiW has dete~ined that the project has been granted a perm t or is shown to be exempt. - If this proje~ involves a Federal Emergen~ Management Agency (FE~) mapped flood plain, then the Ci should require tee appli~nt to provide all studies, ~lculations, plans and o~her relocation reRU md to me~ FE~ requirements, and should fu~her require that the appli~nt obtain a Conditional Leffer of Map Revision CLOMR) pdor to grading, re~rdation or other final approval of the project, and a Le~er of Map Revsion (LOMR dor to o~upan~. ~ p If a natural water~urse or mapped flood plain is impaled by this project, the City should require the a licant to obtain a Section 1601/1603 Agreement frbm the California Depa~ment of Fish and Game and a Clean ~ater Act Section 404 Pe~ t from the U.S. A~y Co~s of Engineers, or ~Een coffespondence from these a encies indicting the project is exempt from these requirements. A Clean Water Act Section 401 Water Quail Ce~tion may be required ~rom the local Ca~ifomia Regional Water QualiN Control Board pdor to ssuance of g; Co~s 404 pe~it. 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX C: Very truly yours, STUART E. MCKIBBIN Senior Ci~l Engin~eer Date:--~ 25 ~City of Temecula Planning D~ Page Two Attn: Patty Anders February 22, 2001 This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Environmental Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "I certify that the design of the sewer system in Tentative Tract Map No. 29929 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, ~S~~nvirom~ental SM:dr (909) 955-8980 Health Specialist February 22, 2001 City of Temecula Planning Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Plmmer RE: TENTATIVE TRACT MAP NO. RIVERSIDE, STATE OF CALIFORNIA. (l LOTS) Dear Gentlemen: 29929: CITY OF TEMECULA, COUNTY OF 1. The Department of Environmental Health has reviewed Tentative Tract Map No. 29929 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part 1, and Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 29929 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution svstem will be adequate to provide water service to such Tract Map". Thi~ certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City of Temecula's Office to review at least TWO WEEKS PRIOR to the request for the recordation 'of the final map. This subdivision has a statement from Rancho Califoruia Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Local Enfoi~.,=,,,ent Agency * RO. Box 1280, Riverside, CA 92.502-1280 * (909) 955-8982 * FAX (909) 781-96S3 * 4080 Lemon Street, 9th goor, Riverside, CA 92501 land Use and Water En~lineerlng * I:?O. Box 1206. Riverside CA 92502-1206 * (909) 955-8980 * FAX 909 955 onto * ~ ~ ~ -o~vo mJou ~-emon Stree, 2nd FIoor, Riverside, CA 92501 January 25,2001 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 29929 HARV~_STON SPECIFIC PLAN PLANNING APPLICATION NO. PA01-0031 Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is required, the customer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Lind, M. Freg~so Agency Agreement that assigns water management rights, if any, to RCWD. c. Mio~e, Co,~e,, In our previous correspondence to Debbie Ubnoske dated December 5, 2000, ~,~,,~g~rX~ RCWD requested that the developer consider the use of recycled water for the proposed pond to be located in this development and for any other appropriate uses. We request that the dewdoper discuss these requirements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager RTR ID:9096841007 MRY $1'01 9:14 No.O01P.02 May 31, 2001 Riverside Transit Agency 1825 Third Street P.O. Sox 59968 Riverside, CA 92517 Phone:(909) 684-0850 Fax: (909) 6B4-1007 City of Temccula Planning Dcpartmcm I reel recently with Matt Fagan to discuss (he Harvesion Specific Plan. It appears that ali a~tompts have been reade to design the project in a transit.friandly mmroer, including the open-ended clustering ol'residentlal units. Tho mixed.uses in the Village Green Center . are also conducive to transit usage.. We hope to joinlly design a pilot program to cncouragc transit usagc and the use of other alternatives to lite single occupancy vehicle. It would be beneficial for the community to provide transit access lo adjacent areas, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep us posted so we can maximize coordination ofplanning efforts. Thank you for the opportunity to comment on this project. EXHIBIT D (For Attachment No. 3) CITY COUNCIL RESOLUTION FOR TENTATIVE TRACT MAP 30088 (PA 01-0032) R:~S P~-Iarveston SP\PC Docs\ PC STAFFRPT.doc 36 ATrACHMENT NO. D (For Attachment No. 3) RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF PLANNING APPLICATION NO. 01-0032 - TENTATIVE TRACT MAP NO. 30088, THE SUBDIVISION OF APPROXIMATELY 9.18 ACRES INTO 38 RESIDENTIAL LOTS AND 8 OPEN SPACE LOTS IN A PORTION OF PLANNING AREA 4 OF THE HARVESTON SPECIFIC PLAN; LOCATED EAST OF INTERSTATE 15, NORTH OF SANTA GERTRUDIS CREEK, WEST OF MARGARITA ROAD AND SOUTH OF THE NORTHERN CITY LIMIT, AND FURTHER IDENTIFIED AS ASSESSOR PARCEL NOS. 911-630-001, 911-630-002 AND 911-180- 015. WHEREAS, Lennar Communities filed Planning Application No. PA 01-0032 (Tentative Tract Map 30088 the "Application") in a manner in accord with the City of Temecula General Plan, Development Code and Subdivision Ordinance; WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on June 20, 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did, testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on 2001, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: R:~S ~Harveston SP~City Council\30088--CC RESO.doc Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findin,qs That the City Council, in approving the Application, hereby makes the following findings as required in Section 16.09.140 of the Temecula Municipal Code. A. The proposed subdivision and the design and improvements of the subdivision is consistent with the Development Code, General Plan, any applicable specific plan and the City of Temecula Municipal Code; B. The proposed subdivision map is consistent with the subject specific plan and related General Plan Amendment. C. The tentative map does not propose to divide land which is subject to a contract entered into pursuant to the California Land Conservation Act of 1965, or the land is subject to a Land Conservation Act contract but the resulting parcels following division of the land will not be too small to sustain their agricultural use; D. The site is physically suitable for the type and proposed density of development proposed by the tentative map; E. The design of the subdivisions and the proposed improvements, with conditions of approval, are not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat as no sensitive species or habitant exist within the project boundaries; F. An environmental impact report has been prepared and a finding has been made, pursuant to Public Resources Code Section 21081(a) (3), finding that specific economic, social, or other considerations make infeasible mitigation measures or project alternatives identified in the environmental impact report; G. The design of the subdivisions and the type of improvements are not likely to cause serious public health problems; H. The design of the subdivisions provides for future passive or natural heating or cooling opportunities in the subdivision to the extent feasible; I. The design of the subdivisions and the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision, or the design of the alternate easements which are substantially equivalent to those previously acquired by the public will be provided. J. The subdivisions are consistent with the City's parkland dedication requirements (Quimby). Section 3. Environmental Compliance. Residential projects approved under a Specific Plan are exempt from further environmental review pursuant to Section 15182 of the California Environmental Quality Act Guidelines. All environmental impacts were previously identified and in the Final Environmental Impact Report (FEIR) and Mitigation Monitoring Program in order to approve the project. R:~S P~larveston SP\City Council~30088--CC RESO.doc 2 Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA 01-0032 (Tentative Tract Map 30088), the subdivision of approximately 9.18 acres into 38 residential lots and 8 open space lots in a portion of Planning Area 4, located within the Harveston Specific Plan subject to the project specific conditions set forth on Exhibit D-l, attached hereto, and incorporated herein by this reference together with any and all other necessary conditions that may be deemed necessary, for the property located east of Interstate 15, north or Santa Gertrudis Creek, west of Margarita Road and south or the northern City limit, and further identified as Assessor Parcel Nos. 911-630-001, 911-630-002 and 911-180-015. Section 5. PASSED, APPROVED AND ADOPTED by the City Council this __ day of ,2001. ATTEST: Jeff Comerchero, Mayor Susan W, Jones, CMC/AAE City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that Resolution No. 2001- was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the of 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Susan W. Jones, CMC/AAE City Clerk R:~S PkHarveston SP\City Councilk30088--CC RESO.doc 3 EXHIBIT D-I (For Attachment No. 3) CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 30088 (PA 01-0032) R:\S P~Harveston SP~PC Docs\ PC STAFFRPT.doc 37 Planning Application No.: EXHIBIT D-1 CITY OF TEMECULA CONDITIONS OF APPROVAL PA01- 0032 (Tentative Tract Map No. 30088) Project Description: Assessor's Parcel Nos.: Approval Date: Expiration Date: Planning Application No. 01-0032 - Tentative Tract Map No. 30088, the subdivision of approximately 9.18 acres into 38 residential lots and 8 open space lots in a portion of Planning Area 4, located within the Harveston Specific Plan 911-630-001, 911-630-002 and 911-180-015. June 20, 2001 June 20, 2003 PLANNING DIVISION General Requirements The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Temecula Subdivision Ordinance, unless modified by the conditions listed below. A time extension may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 30 days prior to the expiration date. The permittee/applicant shall indemnify, protect and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees, and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees, and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). The City shall promptly notify the permittee/applicant of any claim, action, or proceeding brought forth within this time period. The City shall estimate the cost of the defense of the action and applicant shall deposit said amount with the City. City may require additional deposits to cover anticipated costs. City shall refund, without interest, any unused portions of the deposit once the litigation is finally concluded. Should the City fail to either promptly notify or cooperate fully, permittee/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. Should the applicant fail to timely post the required deposit, the Director may terminate the land use approval without further notice to the applicant. 3. This project and all subsequent projects within this site shall be consistent with Specific Plan No. 13, the Harveston Specific Plan. R:\S PXHarveston SPxPC Docs~30088-COA 1 The project and all subsequent projects within this site shall comply with all mitigation measures identified within the Final Environmental Impact Report for the Harveston Specific Plan, and the approved Mitigation Monitoring Program thereof. Within thirty (30) days of the final approval of the project by the City Council, the map shall be submitted to the Planning Department in final form for review and approval. The final form shall include all conditions of approval and all modifications made by the Planning Commission and City Council. The Developer shall disclose to all home buyers that Date Street is planned to be a six (6) lane urban arterial roadway and will include a freeway interchange pursuant to the City of Temecula General Plan Circulation Element. The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. Notwithstanding any of the conditions contained herein, the Developer and the City may enter into a development agreement, pursuant to Government Code Section 65864 through 65869.5 or other agreement(s) requiring the Developer to: 1) advance the funding or construction of public improvements; 2) redefine the scope of any public improvement; 3) acquire or fund the acquisition of land for public purposes; and 4) waive any right to reimbursement for facilities or the dedication of land. Further, notwithstanding any of the conditions contained herein, Developer may seek an agreement for reimbursement for any improvements or facilities that qualify for reimbursement at such time as the City of Temecula adopts an ordinance for such reimbursement pursuant to and consistent with California Government Code Sections 66485 through 66489, inclusive, and further shall waive the same in the event of agreements, consistent with the foregoing, that require or include any or all of the terms set forth immediately above. Prior to Issuance of Grading Permits A copy of the Rough Grading plans shall be submitted and approved by the Planning Division. 10. The applicant shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in that ordinance or by providing documented evidence that the fees have already been paid. Prior to Recordation of the Final Map 11. The following shall be submitted to and approved by the Planning Division: a. A copy of the Final Map. A copy of the Environmental Constraint Sheet (ECS) with the following notes: i. This property is located within thirty (30) miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the R:\S PXHarveston SP~PC Docs\30088 COA 2 California Institute of Technology, recommendations, Ordinance No. 655. Palomar Observatory ii. The Harveston Environmental Impact Report (EIR) was prepared for this project and is on file at the City of Temecula Community Development Department - Planning Division. c. A copy of the Covenants, Conditions, and Restrictions (CC&R's) CC&R's shall be reviewed and approved by the Planning Director. The CC&R's shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings and all landscaped and open areas including parkways. ii. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the city prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. iii. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. Prior to Issuance of Building Permits 12. The applicant shall conduct an acoustical study to ensure acceptable interior and exterior noise standards pursuant to the General Plan noise levels for residential and commercial structures. All recommend construction techniques, improvements and/or walls recommended in the acoustical report shall be incorporated into the construction of the structures and subdivision. 13. The following shaJl be submitted to and approved by the Planning Division: Three (3) copies of Construction Landscaping and Irrigation Plans. The location, number, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Landscaping Ordinance. The cover page shall identify the total square footage of the landscaped area for the site. The plans shall be accompanied by the following items: R:\S P~Harveston SP~PC Docsk30088-COA 3 i. Appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal). ii. One (1) copy of the approved grading plan. iii. Water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance). iv. Automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from the view of the public from streets and adjacent property for: Front yards and slopes within individual lots prior to issuance of occupancy permits for any lot(s). 2. Private common areas prior to issuance of occupancy permits. All landscaping excluding Temecula Community Services District (TCSD) maintained areas and front yard landscaping which shall include, but may not be limited to private slopes and common areas. All street frontage of school sites along General Plan and Specific Plan designated roadways. Wall and Fence Plans consistent with the Harveston Specific Plan and the Conceptual Landscape Plans Precise Grading Plans consistent with the approved rough grading plans including all structural setback measurements. 14. Roof-mounted mechanical equipment shall not be permitted within the subdivision, however solar equipment or any other energy saving devices shall be permitted with Planning Manager approval. Prior to Issuance of Occupancy Permits 15. If deemed necessary by the Director of Planning, the applicant shall provide additional landscaping to effectively screen various components of the project. 16. All required landscape planting and irrigation shall be installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Planning. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 17. Front yard and slope landscaping within individual lots shall be completed for inspection prior to each occupancy permit (excluding model home complex structures). 18. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. R:\S P\Harveston S}~PC Docs~30088-COA 4 PUBLIC WORKS DEPARTMENT The Department of Public Works recommends the following Conditions of Approval for this project. Unless stated otherwise, all conditions shall be completed by the Developer at no cost to any Government Agency. General Requirements 19. It is understood that the Developer correctly shows on the tentative map all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. 20. A Grading Permit for either rough or precise grading shall be obtained from the Department of Public Works prior to commencement of any construction outside of the City-maintained road right-of-way. 21. An Encroachment Permit shall be obtained from the Department of Public Works prior to commencement of any construction within an existing or proposed City right-of-way. 22. All improvement plans, grading plans, landscape and irrigation plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site and shall be submitted on standard 24" x 36" City of Temecula mylars. Prior to Approval of the Final Map, unless other timing is indicated, the Developer shall complete the following or have plans submitted and approved, subdivision improvement agreements executed and securities posted: 23. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Rancho California Water District c. Eastern Municipal Water District d. Riverside County Flood Control and Water Conservation District e. City of Temecula Fire Prevention Bureau f. Planning Department g. Department of Public Works h. Riverside County Health Department i. Cable TV Franchise j. Community Services District R:\S F~HarxeSlOn S]~PC Docs\30088-COA.doc 5 General Telephone Southern California Edison Company Southern California Gas Company 24. The Developer shall construct the following public improvements to City of Temecula General Plan standards unless otherwise noted. Plans shall be reviewed and approved by the Department of Public Works: improve Street "VV" (Modified Street Section per the Specific Plan - 66' R/VV) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). Improve Streets '~/VW", "XX" and "YY" (Modified Street Section per the Specific Plan - 56' RAN) to include dedication of full width street right-of-way, installation of full width street improvements, paving, curb and gutter, sidewalk, street lights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer). All street improvement design shall provide adequate right-of-way and pavement transitions per Caltrans standards for transition to existing street sections. A School Zone signing and striping plan, per Caltrans standards, shall be designed by a registered Civil Engineer for the school site within this project and included with the street improvement plans for the project. Design shall also include a warrant analysis for a flashing yellow beacon and if warrants are met, shall be installed by the Developer. 25. Unless otherwise approved the following minimum criteria shall be observed in the design of the street improvement plans: Street centerline grades shall be 0.5% minimum over P.C.C. and 1.00% minimum over A.C. paving. Driveways shall conform to the applicable City Standard No. 207. Streetlights shall be installed along the public streets and shall be designed in accordance with Specific Plan Standards. Concrete sidewalks shall be constructed in accordance with City Standard Nos. 400 and 401or as modified in the Specific Plan to 5' width. Design of street improvements shall extend a minimum of 300 feet beyond the project boundaries to ensure adequate continuity of design with adjoining properties. f. Minimum centerline radii shall be in accordance with City Standard No. 113. g. All reverse curves shall include a 100-foot minimum tangent section. R:\S P~Harveston SP~PC Docs\30088-COA 6 h. All street and driveway centerline intersections shall be at 90 degrees. i. All knuckles shall be constructed in accordance with City Standard No. 602 j. All cul-de-sacs shall be constructed in accordance with City Standard No. 600 All units shall be provided with zero clearance garage doors and garage door openers if the driveway is less than 18 feet in depth from back of sidewalk. Landscaping shall be limited in the corner cut-off area of all intersections and adjacent to driveways to provide for minimum sight distance and visibility. All utility systems including gas, electric, telephone, water, sewer, and cable TV shall be provided underground. Easements shall be provided as required where adequate right-of-way does not exist for installation of the facilities. All utilities shall be designed and constructed in accordance with City Codes and the utility provider. All utilities, except electrical lines rated 33kv or greater, shall be installed underground 26. A construction area Traffic Control Plan shall be designed by a registered Civil Engineer and reviewed by the Department of Public Works for any street closure and detour or other disruption to traffic circulation as required by the Department of Public Works. 27. Relinquish and waive right of access to and from Margarita Road, Harveston School Road and Harveston Drive on Final Map with the exception of 2 opening(s) as delineated on the approved Tentative Tract Map. 28. Corner property line cut off for vehicular sight distance and installation of pedestrian facilities shall be provided at all street intersections in accordance with Riverside County Standard No. 805. 29. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by the Department of Public Works. 30. Any delinquent property taxes shall be paid. 31. An Environmental Constraints Sheet (ECS) shall be prepared in conjunction with the Final Map to delineate identified environmental concerns and shall be recorded with the map. A copy of the ECS shall be transmitted to the Planning Department for review and approval. 32. The Developer shall comply with all constraints, which may be shown upon an Environmental Constraint Sheet recorded with any underlying maps related to the subject property. 33. The Developer shall notify the City's cable TV Franchises of the Intent to Develop. Conduit shall be installed to cable TV Standards at time of street improvements. R:\S P~Harveston S~PC Docs~30088-COA 7 34. Private drainage easements for cross-lot drainage shall be required and shall be delineated and noted on the final map. 35. Easements, when required for roadway slopes, landscape easements, drainage facilities, utilities, etc., shall be shown on the final map if they are located within the land division boundary. All offers of dedication and conveyances shall be submitted for review and recorded as directed by the Department of Public Works. On-site drainage facilities located outside of road right-of-way shall be contained within drainage easements and shown on the final map. A note shall be added to the final map stating, "drainage easements shall be kept free of buildings and obstructions." Prior to Issuance of Grading Permits 36. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. San Diego Regional Water Quality Control Board b. Riverside County Flood Control and Water Conservation District c. Planning Department d. Department of Public Works e. Community Services District 37. 38. A Grading Plan shall be prepared by a registered Civil Engineer in accordance with City of Temecula standards and approved by the Department of Public Works prior to commencement of any grading. The plan shall incorporate adequate erosion control measures to protect the site and adjoining properties from damage due to erosion. A Soils Report shall be prepared by a registered Civil or Soils Engineer and submitted to the Department of Public Works with the initial grading plan check. The report shall address all soils conditions of the site, and provide recommendations for the construction of engineered structures and preliminary pavement sections. 39. A Geotechnical Report shall be prepared by a registered engineer or engineering geologist and submitted to the Department of public Works with the initial grading plan check. The report shall address special study zones and identify any geotechnical hazards for the site including location of faults and potential for liquefaction. The report shall include recommendations to mitigate the impact of ground shaking and liquefaction. 40. A Drainage Study shall be prepared by a registered Civil Engineer and submitted to the Department of Public Works with the initial grading plan check. The study shall identify storm water runoff quantities expected from the development of this site and upstream of the site. It shall identify all existing or proposed off-site or on-site, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the R:\S P~Harveston SP~C DOC¢30088-COA 41. storm water runoff shall be provided as part of development of this project. The basis for analysis and design shall be a storm with a recurrence interval of one hundred years. The Developer must comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. No grading shall be permitted until an NPDES Notice of Intent (NOI) has been filed or the project is shown to be exempt. 42. The Developer shall post security and enter into an agreement guaranteeing the grading and erosion control improvements in conformance with applicable City Standards and subject to approval by the Department of Public Works. 43. 44. A flood mitigation charge shall be paid. The Area Drainage Plan fee is payable to the Riverside County Flood Control and Water Conservation District by either cashier's check or money order, prior to issuance of permits, based on the prevailing area drainage plan fee. If the full Area Drainage Plan fee or mitigation charge has already been credited to this property, no new charge needs to be paid. The Developer shall obtain letters of approval or easements for any off-site work performed on adjoining properties. The Fetters or easements shall be in a format as directed by the Department of Public Works. 45. All lot drainage shall be directed to the driveway by side yard drainage swales independent of any other Pot. Prior to Issuance of Building Permits 46. Final Map shall be approved and recorded. 47. A Precise Grading Plan shall be submitted to the Department of Public Works for review and approval. The building pad shall be certified by a registered Civil Engineer for location and elevation, and the Soils Engineer shall issue a Final Soils Report addressing compaction and site conditions. 48. 49. Prior to Grading of the subject property shall be in accordance with the California Building Code, the approved grading plan, the conditions of the grading permit, City Grading Standards and accepted grading construction practices. The final grading plan shall be in substantial conformance with the approved rough grading plan. The Developer shall pay to the City the Public Facilities Development Impact Fee as required by, and in accordance with, Chapter 15.06 of the Temecula Municipal Code and all Resolutions implementing Chapter 15.06 unless otherwise provided for by a written agreement between the City and the Developer. Issuance of Certificates of Occupancy 50. As deemed necessary by the Department of Public Works, the Developer shall receive written clearance from the following agencies: a. Rancho California Water District b. Eastern Municipal Water District R:\S P~Harveston SPXPC Docs\30088-COA 9 51. 52. 53. c. Department of Public Works All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by the Department of Public Works. All improvements shall be constructed and completed per the approved plans and City standards to the satisfaction of the Director of Public Works. The existing improvements shall be reviewed. Any appurtenance damaged or broken due to the construction operations of this project shall be repaired or removed and replaced to the satisfaction of the Director of Public Works. COMMUNITY SERVICES DEPARTMENT General Requirements 54. All slope/landscape plans submitted for consideration for TCSD maintenance shall be in conformance with the City of Temecula Landscape and Irrigation Specifications and Installation Details and Park Land and Landscape Dedication Process. 55. All perimeter slope and parkway landscaping, designated as Temecula Community Services Department (TCSD) maintenance areas, shall be identified and offered for dedication to the TCSD as a maintenance easement on the final map. Underlying ownership of the respective areas shall remain with the individual property owner or the Homeowner's Association. All other landscape areas, open space, entry monumentation, signage, pedestrian portals, bus shelters, fences and walls shall be maintained by the Homeowners Association (HCA), private maintenance association or property owner. 56. Construction of the proposed TCSD landscape maintenance areas and landscape medians shall commence pursuant to a pre-construction meeting with the developer and TCSD Maintenance Superintendent. Failure to comply with the TCSD review and inspection process may preclude acceptance of these areas into the TCSD maintenance programs. 57. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the slopes/landscaping areas until such time as those responsibilities are accepted by the TCSD or other responsible party. 58. Class II bicycle lanes on both sides of the Loop Road (Harveston Drive), Harveston School Road and Margarita Road shall be identified on the street improvement plans and constructed in concurrence with the completion of said street improvements. 59. The developer is entitled to receive a credit against the park component of the City's Development Impact Fee (DIF) based upon the actual cost of improving the community park as identified in Planning Area 1 of the Harveston Specific Plan. The fee/credit issue shall be addressed pursuant to the execution of a Development Agreement or a Park Improvement Agreement between the applicant and the City prior to approval of the final map. R:\S P~Harveston SI~PC DocsX30088-COA Prior to Approval of the Final Map 60. All areas intended for dedication to the TCSD for maintenance shall be identified on the final map by numbered lots with the square footage of said lot numbers indexed as proposed TCSD maintenance areas. 61. All TCSD slope/landscaping maintenance easements shall be offered for dedication on the final map. 62. Landscape construction drawings for all proposed TCSD slope/landscape maintenance areas and landscape medians shall be reviewed and approved by the Director of Community Services. 63. The developer shall post security and enter into an agreement to improve all proposed TCSD maintenance areas and landscape medians. 64. The developer shall file a notice of intention with the Temecula Community Services District to initiate election proceedings for acceptance of residential street lights and perimeter slope/landscape into the respective TCSD maintenance programs. All costs associated with this process shall be borne by the developer. Prior to Issuance of Building Permits 65. Prior to the installation of street lights or issuance of building permits, whichever comes first, the developer shall file an application and pay the appropriate fees to the TCSD for the dedication of arterial and residential street lights into the appropriate TCSD maintenance program. Prior to Issuance of Certificates of Occupancy 66. Prior to the issuance of the first certificate of occupancy within each phase map, the developer shall submit the most current list of Assessor's Parcel Numbers assigned to the final project, 67. It shall be he developer s respons b~hty to provide written disclosure of the existence of TCSD and its service level rates and charges to all prospective purchasers. FIRE DEPARTMENT The following are the Fire Department Conditions of Approval for this project. All questions regarding the meaning of these conditions shall be referred to the Fire Prevention Bureau. 68. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 69. The Fire Prevention Bureau is required to set a minimum fire flow for residential land division per CFC Appendix III.A, Table A-III~A-1. The developer shall provide for this project, a water system capable of delivering 1500 GPM at 20-PSI residual operating pressure with a 2-hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire R:\S I~Hat'veslon SP~C Docs~30088-COA protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix Ill-A) 70. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Iii.B, Table A-III-B-1. Standard fire hydrants (6" x 4" x 2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 500 feet apart, at each intersection and shall be located no more than 250 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix 71. The Fire Prevention Bureau is required to set a minimum fire flow for commercial land division per CFC Appendix Ill-A, Table A-III-A-1. The developer shall provide for this project, a water system capable of delivering 4000 GPM at 20-PSI residual operating pressure with a 4 hour duration. The required fire flow may be adjusted during the approval process to reflect changes in design, construction type, or automatic fire protection measures as approved by the Fire Prevention Bureau. The Fire Flow as given above has taken into account all information as provided. (CFC 903.2, Appendix ~-A) 72. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix Iii-B, Table A-III-B-1. Super fire hydrants (6" x 4" x 2-2 1/2" outlets) shall be located on Fire Department access roads and adjacent public streets. Hydrants shall be spaced at 350 feet apart, at each intersection and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The upgrade of existing fire hydrants may be required. (CFC 903.2, 903.4.2, and Appendix HI-B) 73. Maximum cul-de-sac length shall not exceed 1320 feet. Minimum turning radius on any cul-de-sac shall be thirty-seven (37) feet for residential and forty-five (45) feet for commercial. (CFC 902.2.2.3, CFC 902.2.2.4) 74. 75. 76. If construction is phased, each phase shall provide approved access and fire protection prior to any building construction. (CFC 8704.2 and 902.2.2) Prior to building construction, all locations where structures are to be built shall have approved temporary Fire Department vehicle access roads for use until permanent roads are installed. Temporary Fire Department access roads shall be an all weather surface for 80,000 lbs. GVVV. (CFC 8704.2 and 902.2.2.2) Prior to building final, all locations where structures are to be built shall have approved Fire Department vehicle access roads to within 150 feet to any portion of the facility or any portion of an exterior wall of the building(s). Fire Department access roads shall be an all weather surface designed for 80,000 lbs. GVW with a minimum AC thickness of .25 feet. ( CFC sec 902) 77. Fire Department vehicle access roads shall have a clear paved section of thirty-six (36) feet and an unobstructed vertical clearance of not less than thirteen (13) feet six (6) inches. (CFC 902.2.2.1) R:\S PXHarveston SP~PC Docs~30088-COA 12 78. Private roads and alleys may be as narrow as 20 feet unobstructed travel width, not including any parking with Fire Prevention approval on a map by map basis. On this map these are approved where homes also face a public road. 79. Prior to building construction, dead end road ways and streets in excess of one hundred and fifty (150) feet which have not been completed shall have a turnaround capable of accommodating fire apparatus. (CFC 902.2.2.4) 80. Prior to building construction, this development and any street within serving more than 35 homes or any commercial developments shall have two (2) points of access, via all- weather surface roads, as approved by the Fire Prevention Bureau. (CFC 902.2.1) Where phasing affects planned road connections temporary construction roads may serve as the second point of access. 81. Prior to issuance of building permits, the developer shall furnish one copy of the water system plans to the Fire Prevention Bureau for approval prior to installation. Plans shall be: signed by a registered civil engineer; contain a Fire Prevention Bureau approval signature block; and conform to hydrant type, location, spacing and minimum fire flow standards. After the plans are signed by the local water company, the originals shall be presented to the Fire Prevention Bureau for signatures. The required water system including fire hydrants shall be installed and accepted by the appropriate water agency prior to any combustible building materials being placed on an individual lot. (CFC 8704.3, 901.2.2.2 and National Fire Protection Association 24 1-4.1 ) 82. Prior to issuance of a Certificate of Occupancy or building final, "Blue Reflective Markers" shall be installed to identify fire hydrant locations. (CFC 901.4.3) 83. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by firefighting personnel. (CFC 902.4) Special Conditions 84. Prior to construction of roads a simple map in an electronic file of the .DWG format must be submitted to the Fire Prevention Bureau. Alternative file formats may be acceptable, contact fire prevention for approval. BUILDING AND SAFETY DEPARTMENT 85. All design components shall comply with applicable provisions of the 1998 edition of the California Building, Plumbing and Mechanical Codes; 1998 National Electrical Code; California Administrative Code, Title 24 Energy and Disabled Access Regulations and the Temecula Municipal Code. 86. Submit at time of plan review, a complete exterior site lighting plans showing compliance with Ordinance No. 655 for the regulation of light pollution. All street lights and other outdoor lighting shall be shown on electrical plans submitted to the Department of Building and Safety. Any outside lighting shall be hooded and directed so as not to shine directly upon adjoining property or public rights-of-way. R:\S P~Hal'veslon SI~PC Docs~30088 COA 13 87. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building & Safety Department to ensure the payment or exemption from School Mitigation Fees. 88. Obtain all plan checks and permit approvals prior to commencement of any construction work. 89. 90. 91. Obtain street addressing for all proposed buildings prior to submittal for plan review. Disabled access from the public way to the main entrance of any public building is required. The path of travel shall meet the California Disabled Access Regulations in terms of cross slope, travel slope stripping and signage. Provide all details on plans (California Disabled Access Regulations effective April 1, 1998). All public building and facilities must comply with applicable disabled access regulations. Provide all details on plans. (California Disabled Access Regulations effective April 1, 1998). 92. Provide appropriate stamp of a registered professional with original signature on plans submitted for plan review. 93. Provide electrical plan including Icad calculations and panel schedule, plumbing schematic and mechanical plan for plan review. 94. 95. 96. Truss calculations that are stamped by the engineer of record and the truss manufacturer engineer are required for plan review submittal. Provide precise grading plan for plan check submittal to check for handicap accessibility. Show all building setbacks 97. Post conspicuously at the entrance to the project the hours of construction as allowed by City of Temecula Ordinance #0-90-04, and specifically Section G (1) of the Riverside County Ordinance # 457.73, for any site within one-quarter mile of an occupied residence. Construction hours are as follows: Monday - Friday Saturday 6:30 a.m. - 6:30 p.m. 7:00 a.m. - 6:30 p.m. No work is permitted on Sunday or Government Code Holidays OTHER AGENCIES 98. Flood protection shall be provided in accordance with the Riverside County Flood Control District's transmittal dated February 25, 2001, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. R:\S P~Harveston SI:SPC DocsXS0088-COA 99. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Health's transmittal dated February 22, 2001, a copy of which is attached. 100. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated January 25, 2001, a copy of which is attached. 101. The applicant shall comply with the recommendations set forth in the Riverside Transit Agency transmittal dated May 31, 2001, a copy of which is attached. By placing my signature below, I confirm that I have read, understand and accept all the above Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Signature R:\S P~Harveston SPXPC Docs~30088-COA.doc 15 DAVID P. ZAPPE General Manager-Chief Engiaeer 1995 MARKET STREET RIVERSIDE, CA 92501 909/955-1200 909/788-9965 FAX 51180.1 RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DIS ~Planning Oe..partment 'ti / , ~ost Office uox 9033 ~ ~- ~ ~..B Temecula, Califomia 92589-9033 ~ r ~ A~ention: P~ ~T Y ~ D~ ~ Ladies and Gentleme~: Re: ~ ~ ~~00,~ The Distfi~ does not no.ally recommend conditions for land divisions or other land~/use ~ses in inco~orated cities. The Distfi~ also does not plan check ci~ land use ~ses, or provide State Division of Real Estate lepers or other flood hazard repoSs for such ~ses. Distn~ ~mment~recommendations for such cases are no.ally limited to items of specific ~ntemst to the Distfi~ including District Master Drainage Plan facilities, other re ional flood ~qt~l ~n~ ~raina~e fac t ~.~[ch cou d bp ~nsidered a Iogi~l ~mponenfor e~ension of a master ~n s stem, ano uistfict Area urainage ~ an tees (development mitigation fees). In add t on, info~ation of a genera n[~re is provided; ........................ The Distri~ has not reviewed the proposed proje~ in detail and the following checked comments do not in any way ~nstitute or imply Distfi~ approval or endorsement of the proposed proje~ with respect to flood h~ard, public health and safe~ or any other such issue: This prgject would not be impaled by Distfi~ Master Drainage Plan facilities nor are other facilities of regional ~nterest proposed. This proje~ involves D strict Master Plan facilities. ~e District will accept ownership of such facilities on ~iQen request of the C ~ Facilities must be ~nstmcted to Distfi~ standards, and Distfi~ plan.check and inspe~ion ~11 be requ red for Distfi~ a~eptan~. Plan ~eck, inspection and administrabve fees will be required. This proje~ proposes channels, sto~ dra ns 36 inches or larger in diameter, or other facilities that ~uld be conmdered regional in nature an~or a Iogi~l e~ension of the adopted Master Drainage Plan. ~e Distfi~ would consider a~pting ownemhip ot such taOlmes on wnEen request of the Ci~. Futilities must be constm~ed to Distfi~ standards, and District plan che~ and inspe~iofl will be required for Distfi~ a~ptan~. Plan check, inspe~ion and administrative fees ~11 be required. ~[hi~ proje~ is Ip~t~d ~thin the limits of the Distd~'s ~O~ET~ ~15~ ~?m~age ~an mr ~i~ drainage fees have been adoptea; appli~ble tees shoul~ ~ C~K or money order only to the Flqod Control D s~ pdor t6 issuan~ of ~uildin~r"~dTgn~;~;~ wmcneVerpe~it, comes first. Fees to be pa~d should be at the rate in effe~ at the time of i~sua~?'~h~{~[ GENE~L INFORMATION This project may require a National Po ~ant Discha~e Elimination System (NPDES) pe~it from the State Water Resources Conffol Board· Clearance for grading, mco~ation or other final appmva/should not be given until the Ci~ has datelined that the project has been granted a perm t or is shown to be exempt· If this proje~ involves a Federal Emergen~ Management Agency (FE~) mapped fl~d plain, then the Ci~ should require the appli~nt to pm~de all studies, ~ culations, plans and o~er ~nfo~ation reguired to mee[ FE~ reguirements, and should fu~her require that the appli~nt obtain a Conditional Le~er of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Leffer of Map Revision (LOMR) prior to occupancy· If a natural Watercourse or mapped flood plain is impacted by this project, the City should require the a licant to obtain a Se~ion 1601/1603 Agreement from the California Depaflment of Fish and Game and a Clean ~ater Act Se~ion 404 Pe~it from the U.S. A~y Co~s of Engineers, or wfiEen co~espondence from these agencies indicating the Project is exempt from these requirements. A Clean Water Act Section 401 Water QualiW Ceff~tion may be required from the Io~ California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. O~TA~e~ ~ ~ ~OK~ ~ts~ %E Ve~ truly yours, ~ RC t'~t ~ ~3 · STUART E. MCKIBBIN ~. Senior Civil Engineer Date: February 22, 2001 City of Temecula Plmming Department P.O. Box 9033 Temecula, CA 92589-9033 ATTN: Patty Anders, Associate Plm~ner RE: TENTATIVE TRACT MAP NO. 30088: RIVERSIDE, STATE OF CALIFORNIA. (1 LOTS) CITY OF TEMECULA, COUNTY OF Dear Gentlemen: 1. The Department of Environmental Health has reviewed Tentative Tract Map No. 30088 and recommends: A water system shall be installed according to plans and specifications as approved by the water company and the Environmental Health Department. Permanent prints of the plans of the water system shall be submitted in triplicate, with a minimum scale not less than one-inch equal's 200 feet, along with the original drawing to the City of Temecula. The prints shall show the internal pipe diameter, location of valves and fire hydrants; pipe and joint specifications, and the size of the main at the junction of the new system to the existing system. The plans shall comply in all respects with Div. 5, Part I, and Chapter 7 of the California Health and Safety Code, California Administrative Code, Title 11, Chapter 16, and General Order No. 103 of the Public Utilities Commission of the State of California, when applicable. The plans shall be signed by a registered engineer and water company with the following certification: "I certify that the design of the water system in Tentative Tract Map No. 30088 is in accordance with the water system expansion plans of the Rancho California Water District and that the water services, storage, and distribution system will be adequate to provide water service to such Tract Map". This certification does not constitute a guarantee that it will supply water to such Tract Map at any specific quantities, flows or pressures for fire protection or any other purpose. This certification shall be signed by a responsible official of the water company. The plans must be submitted to the City of Temecuta's Office to review at least TWO WEEKS PRIOR to the request for the recordation of the final map. This subdivision has a statement from Rancho California Water District agreeing to serve domestic water to each and every lot in the subdivision on demand providing satisfactory financial arrangements are completed with the subdivider. It will be necessary for financial arrangements to be made PRIOR to the recordation of the final map. Local Enforcement Agency.. * .I~O' Box 1280. Rivemide, CA 92502-1280 * (909) 955~8982 * FAX (DO9) 781-9653 * 4080 Lemon Street, 9th Floor, Rivemide, CA 92501 Land Use and V~/ater Engmeenng* PO. Box 1206, Riverside, CA 92502-1206 * (909) 955-8980 * FAX (909) 955 8903 * 4080 Lemon Street, 2nd Floor, Rivemide, CA 92501 -, ,~, City of Temecula Plarmir Page Two Attn: Patty Anders February 22, 2001 This subdivision is within the Eastern Municipal Water District and shall be connected to the sewers of the District. The sewer system shall be installed according to plans and specifications as approved by the District, the City of Temecula and the Environmental Health Department. Permanent prints of the plans of the sewer system shall be submitted in triplicate, along with the original drawing, to the City of Temecula. The prints shall show the internal pipe diameter, location of manholes, complete profiles, pipe and joint specifications and the size of the sewers at the junction of the new system to the existing system. A single plat indicating location of sewer lines and waterlines shall be a portion of the sewage plans and profiles. The plans shall be signed by a registered engineer and the sewer district with the following certification: "i certify that the design of the sewer system in Tentative Tract Map No. 30088 is in accordance with the sewer system expansion plans of the Eastern Municipal Water District and that the waste disposal system is adequate at this time to treat the anticipated wastes from the proposed Tract Map". The plans must be submitted to the City of Temecula's Office to review at least two weeks PRIOR to the request for the recordation of the final map. It will be necessary for financial arrangements to be completely finalized PRIOR to recordation of the final map. It will be necessary for the annexation proceedings to be completely finalized PRIOR to the recordation of the final map. Additional approval from Riverside County Environmental Health Department will be required for all tenants operating a food facility or generating any hazardous waste. Sincerely, S~~onmentalo SM:dr (909) 955-8980 Health Specialist January25,2001 Patty Anders, Case Planner City of Temecula Planning Department 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY TRACT NO. 30088 HARVESTON SPECIFIC PI_,AN PLANNING APPLICATION NO. PA01-0032 Dear Ms. Anders: Please be advised that the above-referenced property is located within the boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements between RCWD and the property owner. If fire protection is reqnired, the cnstomer will need to contact RCWD for fees and requirements. Water availability would be contingent upon the property owner signing an Agency Agreement that assigns water management rights, if any, to RCWD. c. Michael Cowett In our previous correspondence to Debbie Ubnoske dated December 5, 2000, ~t~,taKriogerUV RCWD requested that the developer consider the use of recycled water for the proposed pond to be located in this development and for any other appropriate uses. We request that the developer discuss these req.6rements with RCWD staff. If you should have any questions, please contact an Engineering Services Representative at this office. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager RTfl ID:9096841007 MAY 31'01 9:14 No.O01P.02 May 31, 2001 Riverside Transit Agency 1825 Third SzreeT P.O. sox 59965 Riverside, CA, 92517 Phone:(909) 684-0850 Fax: (909) $M-1007 City of Texaccula Planning Dcparancm I met recently with Matt Fagan to discuss the Harveston Specific Plan. It appears that ~1 attempts havc bcca made to design the project in a transit.fiicndly maimer, including thc open-ended clustering el'residential unit.~. The mi×cd-uses in thc Villag~ Green Center · am also conducive to transit usage.. We hope to jointly design a pilot program to encourage transit usage and thc use of other alternatives to the single occupancy vehicle. It gould be beneficial for th~ community to provide transit ageess to adjacent areas, such as thc Promenade Mall, middle and high schools and local employment centers. Please continue to keep us posted so we can maximixe coordination of planning efforts. Tha,~k you fo)' the opportunity to comment on this project.. ATTACHMENT NO. 4 HARVESTON INTERSECTION IMPROVEMENT ANALYSIS PHASE 1 R:\S P\Harveston SP',PC Docs\ PC STAFFRPT,doc 38 ATTACHMENT NO. 5 HARVESTON INTERSECTION IMPROVEMENT ANALYSIS PHASE 2 R:\S P\Harveston SP\PC Docs\ PC STAFFRPT.doc 39 ATTACHMENT NO. 6 CORRESPONDENCE RECEIVED R:LS P~Harveston SP\PC Docs\ PC STAFFRPT,doc 40 INTEX INTEX PROPERTIES CORP. December 19, 2000 Ms. Patty Anders Associate Planner CITY OF TEMECULA 43200 Business Park Drive P. O. Box 9033 Temecula, CA 9258%6477 Re: Harveston Specific Plan Area Stockmar Property Dear Ms. Anders: We appreciate the time you spent with us reviewing the proposed General Plan Amendment and specifically, the Harveston Specific Plan proposed by Lennar Communities. The Plan, as currently designed and when implemented, appears to be a substantial enhancement to the City's residential component of the General Plan, and a community in which the City can be pleased upon development. As the Stockmar's indicated in oar meeting of November 8, 2000, and you confirmed in your letter of November I3, 2000, they are generally supportive of the proposed GPA and Specific Plan, but are concerned that the land use and zoning of their 1.25 acre Neighborhood Commercial parcel is proposed to be modified to Open Space. This change in land use and zoning removes the utility and the potential future value of the parcel from the Stockmar family. The Specific Plan identifies the parcel as an out piece, but surrounds it with park, thereby making the only logical land use park, and in effect, preventing the Stockmar family alternatives in future development. As Bob Stockmar stated, his preference would be not to change the land use or zoning from Neighborhood Commercial. As an alternative or compromise, the Stockmar family would not be opposed to shifting the boundary of Planning Area 8 to incIude their parcel in the Medium 1, zoning classification of the Specific Plan. Correspondingly, the park area can adjust its size or encroach slightly into Planning Area I to compensate for the gain in acreage of Planning Area 8. We feel that this would be fair and just allowing the Stockmar parcel the potential for fiJture use, while the proponent of the Harveston SP can easily modify its proposed land uses to the benefit of their vast holdings. Otherwise, should this property's proposed land use and zoning remain as Open Space in the GeneraI Plan Amendment, the Stockmar family wishes to go on record as formally opposing any action which would alter the property's current entitlements. Please include this letter in your staffreport for all Planning Commission workshops and hearings. .rel¥, a /'~ Cc: Bob Stockmar Bill Stockmar 4130 SANTA FE AVE. P.O. BOX 1440 LONG BEACH, CA 90801-1440 TEL (310) 549-5400 FAX (310) 513-6905 MICI.II)]I]I~E 39857 Knollddge Dr .' Temecula, CA 92591 909-698-2436 Fax 909-677-1865 May30, 2001 Ms. PattyAndem City of Temeculo Planning Division Buslnesa Park Drive Temecule, CA 92592 Dear Ma. Anders, Thank you for taking the time to discuss our concerns with the development project of Haweston Homes, I feel them could be some impmvement~ that I would like to have taken under consideration. My neighbors have said "what's the point?", decisions like these have been made and one pemon Isn't going to make a difference but I'm willing to take the chance, It saddens me to see our rolling hills becoming a mess of homes and more homes. We have done vmy little In this community to preserve our natural landscape that brought many of us here, While change Is inevitable I feel that the less impact on those that have been In this community for a number of yearn Is a reasonable request to make. Rmtly, I object to the addition of 300 apartments to be added to the Margarita side of the Haweston project. It would be better if they were placed adjacent to the newly planned Sports Park than the currently planned single family homes in that IocaUon. The traffic ereated by the apartments would be diverted to Ynez Rd having less of an Impact on all of the homeowoem In both the new homes as well as current owners. I would think the builder would benefit by selling single family homes away the ball fields but dose enough for them to take advantage of the sewlces offered there. Those renters ofthe apartments WOuld have easier access to the Sports Park, the Industrial park for job opportunities and the Single Family home owners slated to that area would have a location closer to Main Street Harveston, the Lake and more Importantlythe School. I am also concerned about the safety of our children crossing the street from the Winchester Creek and Collection from Rustic Glen to Ysabel Barnett School. The speed of Margarita Is currenUy posted at 50 mpr and that is easily exceeded by 10 to 20 mpr at this Ume, The 300 plus apmtment dwellers would add 400 or mom cars to Margarita Rd as well, 400 cars In the scheme of thing~ msy not aeom like much to you bu~ I em tekingln to consideration tho to end from home, the groeep/store mn and the many othe~ running around they will make and ere enUtled to make. I would hope come measures are taken to provide them with the safest crossing possible to school, tho park, the lake and the Main Street Harveston stores. l~e other safety Issue I am concerned with Is the response time for ambulances, fire deparl~leot and Police. I would think that would be reduced and wonder If any provisions have been mede to add more safety personnel to the area? Lastly, I would like to see more amenities added to the project such.as tennis courts and public pools. With the energy misls of today and the more public pools that are available the less likely people will be Inclined to build a pool of their own. Speaking of the energ~ edsis, are we gelng to be an ama that Is proactive In tPJlngto limit additional housing in* order to play our part in consendng energy? Are we going to contribute to possible blackouts? What role Is Temecula playing in this? Sincerely, Penelope Mexander-Kelley GRESHAM, SAVAGE, NOLAN & TILDEN, LLP 600 N. ARROWHEAD AVEaN'UE, SUITE 300 SAN BERNARDINO, CALIFORNIA 92~01-1148 (909) 884-2171 * FACSIMILE (909) 888-2120 May 11, 2001 HAND DELIVERED City of Temecula Attn: Ms. Debbie Ubonoske Director of Planning 43200 Business Park Drive Temecula, CA 92589-9033 Re: Comments on the Environmental Impact Report for the Harveston Specific Plan Dear Ms. Ubonoske: This law firm has been retained by the Channel Family Trust and Channell Commercial Corporation (collectively "Channell") to assist Channell in the review of the Environmental Impact Report for the Harveston Specific Plan (the "EIR"), including the draft EIR dated November, 2000, the Final EIR dated January, 2001, and the Technical Appendices. As the City is aware, Channell has owned and occupied a manufacturing facility located at 26040 Ynez Road, Temecula, for the past 12 years. When Channell first relocated its operations to Temecula, it sought out an area of the city with good freeway accessibility for its delivery and distribution truck traffic and room for expansion. Channell now employs 300400 employees, working in three 8-hour shifts, five days a week, although historic operations have required operations for full week periods. Channell's location is just north of the intersection of Winchester Road and Ynez, at the present terminus of Ynez Road. This location is a part of the Winchester Highlands Business Park (the "Business Park"). Channell has been interested in the City's plans regarding the undeveloped acreage to the west and north of the Business Park. In earlier plans, portions of this area were designated for additional industrial park development, which would not likely cause any conflicts with the existing uses in the Business Park. When the City rezoned the area and was considering the Sweetwater Specific Plan, the predecessor to the Harveston Specific 'Plan, Channell stated its concerns to any plan that would bring residential and recreational uses into direct conflict with the Business Park uses. The Harveston Specific Plan appears to present the same likelihood of such conflicts. In reviewing the EIR, it appears that the City, as the CEQA lead agency, has failed to properly analyze potential impacts which will be caused by the development of the Harveston Specific Plan related to traffic and circulation; pedestrian safety and land use conflicts, and noise. Riverside Office · 3403 Tenth Street, Suite 518, Riverside, CA 92501 · (909) 684-2171 · Facsimile (909) 684-2150 Victorville Office * 14350 Civic D~ve, Suite 120, Victorville, CA 92392 · (760) 243-2889 * Facsimile (760) 243-0467 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 2 To assist in this review of the EIR, we retained the services of Raymond V. Hussey, AICP, Project Manager for LSA Associates, with 13 years experience as a transportation planner, to analyze the potential traffic impacts and to review the traffic study prepared for the Harveston Specific Plan. Mr. Hussey's analysis, dated May 10, 2001, is attached hereto and incorporated herein. Mr. Hussey concludes, in essence, that the trip generation for the proposed project has been undercounted by as much as 23% for the PM Peak Hour period. The severe traffic congestion in the Temecula area is well documented, therefore, the City cannot approve the Harveston Specific Plan, or any project, when it is based upon such a flawed traffic analysis. As the CEQA lead agency, the City's duty is to properly assess the environmental impacts of a project, prior to approving a project, in order to determine what feasible alternatives or mitigation measures are available that would substantially lessen any significant effects on the environment. CEQA Guidelines § 15021. As the traffic generation for this project as reflected in the EIR is so seriously undercounted, the City cannot properly assess the available alternatives for mitigation to lessen the impacts to fulfill its CEQA obligations. Approval of the project without further analysis would violate CEQA and be subject to judicial review. Due to the inadequacy of the traffic analysis and the severity of the potential impacts which have not been addressed in the EIR, as discussed below, it is clear that the EIR should be revised to address these additional issues and then recirculated for additional public review and comment pursuant to CEQA Guidelines § 15088. Channell provides herein its cormnents on the EIR. SURROUNDING LAND USE CONFLICT IS SUES: As stated above, Channell owns and operates the manufacturing facility at 26040 Ynez Road, located south and east of the proposed project, within the Business Park. Figure 2 in the draft EIR depicts the location of the Business Park. Channell owns the three buildings encircled by Ynez Road, Equity Drive and County Center Drive. The EIR appears not to address any potential impacts that the Hameston Plan may have on the Business Park, and appears to ignore the existing Business Park activities and how the proposed project may conflict with those activities. In fact, in the draft EIR, Section 5, the EIR fails to introduce the Business Park as one of the surrounding land uses. The draft EIR states, in part: "Immediately north of the project site, in southwestern Riverside County, is the Warm Springs Specific Plan, a 475-acre project approved for residential, retail, and neighborhood commercial uses. The Campos Verdes Specific Plan area, composed of a shopping center (Lowes), and varying densities of residential uses, is located east of Margarita Road and south of Winchester Road, adjacent to the existing Roripaugh Estates development. Lastly, southeast of the project site, east of Winchester Road, there are GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 3 the Promenade Mall and Palm Plaza (Please refer to Exhibit 2, Local Vicinity/Surrounding Land Uses)." (Emphasis added.) (Draft EIR, p. 5-3, and repeated at p. 5-18.) The draft EIR concludes, with no analysis, that the Community Park located in Planning Area 1 of the Harveston Specific Plan "is intended to act as a buffer between the existing Winchester Highlands Business Park (including Channel Commercial) and proposed residential." While the Community Park may be a "buffer" between the proposed residential uses and the existing industrial park uses, the EIR does not analyze the impacts of placing a community park use directly adjacent to the existing, operating, industrial uses. "Design emat~ves for the Commumty Park are reviewed in Section 5 of the draft EIR (Page 5-18.) The draft EIR explains that: "IT]he community park in Planning Area 1 and the elementary school in Planning Area 4, both being public facilities, were located at the exterior of the Harveston community in order to be easily visible and accessible for the public outside the Harveston development." (Emphasis added.) (Draft EIR, p. 5- 18.) Thus, the express intention of the proposed project is to bring additional traffic, unrelated to its own residential development, into this Community Park. Section 6 of the draft EIR states that TCSD requires that there be 100 parking spaces within the Community Park, accessible from Equity Drive; however, these trips are not identified in the EIR. See also, Mr. Hussey's analysis of this issue. The EIR also falls to analyze the potential impacts between conflicting vehicle traffic trying to access the Community Park from Equity Drive, and semi-truck traffic accessing the Business Park. An alternative in the draft EIR calls for the realignment of Equity Drive to provide "for greater buffer / separation of the proposed park from the existing Winchester Highlands Business Park uses (i.e. Channel Commercial)", but ignores the fact that Equity Drive is used by truck traffic accessing the Channell buildings and for accessing other businesses with the Business Park. Exhibit 50 of the draft EIR does not explain how the realignment of Equity Drive will provide a "buffer" between these uses. Additionally, the Channell facility includes outside storage of finished goods awaiting shipment. This storage is in the lot at the comer of Equity Drive and County Center Drive. This storage area, while completely fenced, will be clearly visible from the proposed Community Park and Equity Drive. The entry to Channell's building is improved with decorative waterscaping, which is presently "used" by unauthorized children and adults, which will certainly be GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May I1, 2001 Page 4 exacerbated by the dev.elopment of a Community Park with soccer and ball fields. The EIR does not analyze how the realignment of Equity Drive will provide a buffer for these types of impacts. TRAFFIC/CIRCULATION AND PEDESTRIAN SAFETY ISSUES: Based upon our review of the EIR and Channell's knowledge of the various uses within the Business Park, it appears that the EIR does not take into account the impact of the proposed project on the existing manufacturing facilities, including potential conflicts with semi-truck traffic going to and leaving from the Business Park, and safety hazards to increased pedestrian traffic. Traffic/Circulation Issues: For Channell's operations alone, semi-truck traffic begins to arrive at and stage for early morning pick-ups at about 3:00 a.m. This usually involves an average of six (6) tracks per day. Other semi-track traffic arrives at and departs from the Channell facilities at all times of the day, involving an average of twenty (20) tracks per day. Some of the tracks access the Channell facilities using Equity Drive or County Center Drive, however, one of Channell's truck delivery driveways is located on Ynez Road. This delivery site is for steel deliveries, with one trailer of about forty-eight (48) feet in length. These deliveries occur as often as two (2) trucks per day. Currently, these delivery trucks leave the Channell site by turning left onto Ynez Road and then accessing the freeway at Winchester Road. With the proposed development of Ynez Road, and the increased traffic using this parallel to the 1-15 freeway, conflicts with this truck access driveway will result. Also, many of the trucks leaving the Channell facilities and the Business Park generally, exit at County Center Drive, turning left onto Ynez Road to access the freeway at Winchester Road. Potential impacts to the intersection of Ynez Road and County Center Drive are not adequately analyzed in the traffic section of the draft EIR. With increased traffic caused by the development of Ynez Road, conflicts at this intersection will occur as semi-tracks try to negotiate the left-hand turn out of the Business Park. Although the draft EIR analyzes access intersections to the Service Commercial development along Ynez Road within the Specific Plan development, it fails to analyze the impacts to existing access intersections along Ynez in the Business Park, which will be impacted by the increased traffic. If trucks are forced to turn right on Ynez Road, they will drive directly through the Harveston Specific Plan development. The impacts from this truck traffic through the Specific Plan are not addressed in the EIR. Potential impacts include air quality impacts, including a CO (hot spot) analysis from idling diesel engines. These potential traffic and circulation impacts are not properly analyzed in the EIR. The draft EIR states that one threshold of significance of a transportation/circulation effect is: "c. Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses." (Draft EIR, p. 5-39). The potential impacts identified GRESHAM, SAVAGE, NOLAN & TILDEN, LLP · '~enelope Alerander-Kelley Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 5 herein have the poten, tial to surpass this threshold, thereby requiring the City to revise its environmental analysis to identify impacts and provide for feasible mitigation measures to lessen or eliminate the impacts. Pedestrian Safety Issues: There are potential safety hazards to pedestrian traffic from the project resulting from the close proximity of the proposed Community Park use to the Business Park. Since there is no proposal to prohibit street parking for the Community Park, there will be traffic and circulation impacts on Equity Drive. Equity Drive is currently used by semi-tracks, both for travel and for staging for early morning pick-ups. There is no mention in the EIR of potential circulation impacts as both semi-tracks and vehicles attempt to access Equity Drive. Clearly, the Park is designed to accommodate soft ball and soccer games, drawing numerous children at various times of the day. As access to the Community Park is allowed from Equity Drive, pedestrians exiting their vehicles along Equity Drive will encounter semi-truck traffic. By bringing children and adult pedestrians into a well-traveled semi-truck route, the proposed project exposes them to potential dangers which are not identified in the EIR. Since these impacts are not analyzed at all in the EIR, there are no measures to mitigate these potential impacts, as CEQA requires. As such, the EIR is fatally defective and must be revised to address these serious public safety issues. NOISE: The draft EIR contains a description of the ambient noise levels at the site of the proposed development. However, the analysis does not identify noise levels at the site of the proposed community park, which is proposed to be located directly north of the Business Park. The allowable noise level for the Community Park is not identified in the draft EIR, but appears to be up to 65 dB. (Draft EIR, pp. 5-105 to 5-106.) The EIR does not contain an analysis of noise levels at the proposed Community Park site which would be generated by the semi4ruck traffic and industrial activities within the Business Park. As these impacts are not identified, there is no feasible mitigation identified in the EIR. Noise Mitigation Measure 4, which provides for future noise studies, impermissibly delays the analysis of potential impacts to recreational user of the Community Park and impermissibly delays the identification of feasible mitigation. The purpose of CEQA is to require a lead agency to make a knowing and informed decision about the potential environmental impacts of a proposed project, prior to approving the project. Because the City does not analyze noise impacts at the Community Park, it cannot now d. etermine whether its own noise standards will be exceeded at this proposed outdoor recreational s~te. The EIR analysis is fundamentally flawed, and should be revised to account for these potential impacts. Failure to provide an adequate analysis of the project's potential GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Ms. Debbie Ubonoske City of Temecula May 11, 2001 Page 6 environmental impacts.prior to approving the project is a violation of the City's duties as the CEQA lead agency. Public Resources Code § 21167. In conclusion, we appreciate this opportunity to provide these comments on the EIR for the Harveston Specific Plan. We request that the City's consideration of the Harveston Specific Plan be postponed until the environmental analysis can be revised to provide a legally adequate analysis of all potential impacts. Channell, as a good corporate citizen and neighbor in the City of Temecula, looks forward to reviewing the revised EIR addressing its concerns. If you have any questions of us, please do not hesitate to contact me directly, or Mr. Ed Burke at Channell. PAKIIr Enclosure Sincerely, Pen elopCxander-Kelle~ of GRESHAM, SAVAGE, NOLAN & TILDEN, LLP cc: Bill Storm, Project Manager, Lennar Communities May 10, 2001 GRESHAM, SAVAGE, NOLAN & TILDEN, LLP Penny Alexander-Kelley Gresham, Savage, Nolan & Tilden 600 N. Arrowhead Avenue, Suite 300 San Bernardinn, CA 92401-1148 Subject: Review of the Harveston Specific Plan Traffic Study Dear Ms. Alexander-Kelley: We have conducted a brief review of the Revised Traffic Impact Study for the Harveston Specific Plan EIR dated July 19, 2000, prepared by Wilbur Smith Associates (WSA). In summary, we have identified three major issues that should be addressed prior to approval of the project, and may require a revision to the traffic study. The three issues involve estimated trips for the residential components proposed within the Specific Plan, trip generation estimates for the service commercial portion of the Specific Plan, and potential conflicts and safety baTards between existing ~'uck traffic on Equity Drive and the proposed project. Residential Trip Generation The Institute of Transportation Engineers (ITE) Trip Generation is the industry accepted source for developing trip generation estimates and, for some land uses, provides both a weighted average rate and a regression equation. WSA appears to have utilized the regression equations for determining trips attributable to the 1,921 single-family detached housing (ITE land use code 210) dwelling units proposed within the Specific Plan. As shown in the graphs on pages 263 - 265 of Trip Generation (attached), the number of residential dwelling units produces an inverse correlation with trip generation based on the regression equations. This implies that as the size ora subdivision gets larger, the rate of trip making gets smaller. This illogical result is why the transportation profession does not utilize these regression equations, since it is. commonly acknowledged that the number of trips per a residential household is a function of socloeconomm attributes such as income, household population, or size of the house, not the number of homes in a subdivision. Otherwise, the following irrational scenario could occur. Suppose a 1,000 lot subdivision is proposed in ten equal phases. Application of the regression equations to the overall 1,000 units yields a trip generation estimate of 9,435 daily, 709 a.m. peak hour and 855 p.m. peak hour trips. Application of the weighted average rates yields a trip generation estimate of 1,134 daily, 79 a.m. peak hour and 107 p.m. peak hour trips. When multiplied by a factor often, the corresponding trip generation becomes 11,343 daily, 795 a.m peak hour and 1,074 p.m. peak hour trips, exceeding the trip generation per 1,000 units. The purpose of this exercise is to demonstrate 5/10/01(R:\GVS033\Task 6 - Harveston TS Rev\pccr review, w~d~ why it is the standard practice within the transportation industry is to use the weighted average rates, and not the regression equations, for developing trip estimates from single family homes. The trip estimate for the single family residential components within the Specific Plan should be revised using the ITE weighted average rates, which yield a trip generation estimate of 18,384 daily, 1,364 a.m. peak houi' and 1,575 p.m. peak hour trips. A comparison of trips estimated for single family homes as contained in the WSA study versus application of the weighted average rates is presented in Table A. Table A - Single Family Trip Generation Comparison Daily AM Peak Hour PM Peak Hour Source Rate Trips Rate Trips Rate Trips ITE Rates 9.57 18,384 0.75 1,441 1.01 1,940 WSA Study 8.33 16,002 0.71 1,364 0.82 1,575 Trips under-counted 2,382 77 365 % under-counted 15% 6% 23% As shown in Table A, the traffic study appears to have undercounted 365 p.m. peak hour trips associated with single family residential development, or 23% of the p.m. peak hour estimate from the WSA study. This could be a significant quantity of under-counted trips, given the general traffic congestion in the Temecula area. Service Commercial Trip Generation Although there is no footnote or text discussion explaining the derivation of the trip rates used for estimating trips for the service commercial land use, the rates appear to be reasonable for the range of potential uses that could be developed within the service commercial planning areas. However, due to the flexibility provided by the Specific Plan, it also appears that land uses with higher trip making characteristics could be developed within the service commercial area. Under this worst case example, a regional shopping mall of approximately 1,000,000 square feet could be developed based on a floor area ratio (FAR) of 0.25 applied to the 92.65 net acres of service commercial area. Such a center would result in higher trip generation than analyzed in the WSA study. A summary of this comparison is provided in Table B. As shown in Table B, the traffic study appears to have undercounted 131 p.m. peak hour trips associated with the development of the service commercial land use, or 6% of the p.m. peak hour estimate from the WSA study. Again, this could be a significant quantity of under-counted trips, given the general traffic congestion in the Temecula area. 5/IO/OI(R:\GVSO33\Task 6 - Harveston TS Rev\peer review.wpd) 2 Table B - Service Commercial Trip Generation Comparison Daily AM Peak Hour PM Peak Hour Source Rate Trips Rate Trips Rate Trips ITE Equations for na 26,995 na 505 na 2,299 Shopping Center WSA Study (per acre) 260 24,090 13.78 1,277 23.40 2,168 Trips under-counted 2,905 -772 131 % under-counted 12% na 6% One solution to this issue is to create a mitigation measure that establishes a "trip generation budget" per planning area. The trip generation budget concept should consider the maximum allowable trips generated within each planning area. This way, land use development flexibility can be maintained while traffic impacts greater than those analyzed in the WSA study can be avoided. Conflicts With Existing Truck Traffic Access to the proposed community park within Planning Area 1 of the Specific Plan appears to be proposed from Equity Drive. Currently, existing conditions on Equity Drive are characterized by a high Parcentage ofheavytmcktraffic associated with the Winchester Highlands Business park. The Specific Plan will introduce the potential for conflicts between these existing tracks and pedestrians and passenger vehicles destined to and from the community park. There does not appear to be any discussion regarding compatibility of the proposed community park next to the existing truck oriented uses, especially the potential conflicts and hazards that may be created. Consideration should be given to requiring that the park be accessed via its own roadway system offofYnez Road, thereby eliminating the direct conflict and safety haT, rd potential on Equity Drive. This concludes our analysis of the Revised Traffic Impact Study for the Harveston Specific Plan EIR. Please feel free to call me at (909) 781-9310 should you have any questions. Sincerely, LSA ASSOCIATES, INC. Raymond V. Hussey, AICP Project Manager Attachments: Excerpts from Trip Generation (3 pages) 5/10/01 {R:\GVS033\T0sk 6 - Harveston TS Revyeer review.mpd) 3 Sin lle-Family Detached Hodsing (210) Average Vehicle Trip Ends vs.' Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 271 202 25% entering, 75% exiting Trip Generation per Dwelling Unit ~ Average Rate - Range of Rates Standard Deviation 0.75 0.33 2,27 0.90 Data Plot and Equation 0 0 X X X X X I000 X = Number of Dwelling Units X AotuaJ Data Points Fitted Curve Equation: T = 0.700(X) + 9.477 20O0 ...... Average Rate R2 = 0.89 3000 T#p Generation, 6th Edition 264 Institute of Transporlatlon Engineers Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: Dwelling Units On a: Weekday Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: 348 198 50% entering, 50% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 9.57 4.31 21.85 3.69 Data Plot and Equation x × × 0 1000 2000 X = Number of Dwelling Units X Actual Data Point~ -- Fitted Cuwe Fitted Curve Equation: Ln(T) = 0.920 Ln(X) + 2.707 ...... Average Rate R2 =' 0.96 Trip Generation: 6th Edition 263 Institute of Transportation Engineem Single-Family Detached Housing (210) Average Vehicle Trip Ends vs: On a: Number of Studies: Avg. Number of Dwelling Units: Directional Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. 294 216 64% entering, 36% exiting Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 1.01 0.42 2.98 1.05 Data Plot and Equation X X 0 1000 20OO X = Number of Dwelling Units X Actual Data Points -- Fitted Curve Fitted Curve Equation: Ln(T) = 0.901 Ln(X) + 0.527 ' ...... Average Rats R2 = 0.91 3ooo Trip Generation, 6th Edition 265 Institute of Transportation Engineers ATTACHMENT NO. 6-A LETTER FROM THE CITY IN RESPONSE TO THE EIR CHALLENGES R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 41 Citv of Temecula 43200 Business Park Drive - PO Box 9033 - Temecula- California. 92589-9033 (909) 694-6400 .- FAX (909) 694-6477 June 12, 2001 Ms. Penelope Alexander-Kelly GRESHAM, SAVAGE, NOLAN & TILDEN, LLP, 600 N. Arrowhead Ave., Suite 300 San Bernardino, CA 92401-1148 Dear Ms. Alexander-Kelly: This letter is response to your letter dated May 11,2001 on behalf of the Channell Family Trust and Channell Commercial regarding the Draft Environmental Impact Report (EIR) prepared for the proposed Harveston Specific Plan. Pursuant to the requirements of Sections 15088 and 15132 of the State of California Environmental, Quality Act (CEQA) Guidelines (Title 14, CCR, Section 15000 et seq.), City of Temecula Planning Department prepared responses to comments by the persons, agencies and organizations on the Draft EIR for Harveston Specific Plan, received during the public review pedod, which was held from November 1,2000 through December 18, 2000. The Response to Comments/Final EIR document, dated February 2001 serves as the Response to Comments on the Draft Environmental Impact Report (EIR) for the Harveston Specific Plan project. The document contains all information available in the public record related to the Draft EIR and responds to comments in accordance with Section 15088 of the California Environmental Quality Act (CEQA) Guidelines. Although the comment letter prepared by Gresham, Savage, Nolan and Tilden, LLP on behalf of Channell Family Trust and Channell Commercial Corporation, is dated May 11,2001, which is five (5) months beyond the close of the public review period, the City of Temecula Planning Department is providing the following responses to the comments raised in the above referenced letter. A copy of your comment letter showing the breakdown of the comments and responses is enclosed with this letter. Response1 Introduction The introductory section of the comment letter makes references to "earlier plans," which had, according to the comment letter, portions of the area adjacent to the existing business park designated for additional industrial park development. The letter further states that "when the City rezoned the area and was considering the SweetWater Specific Plan, Channel stated its concerns..." However, these statements are not entirely correct. First, the earlier plan (1993), which was the initial City General Plan, designated this area as business park. The existing City General Plan, amended in 1995, designated the area to the west as Service Commercial, to the north as Neighborhood Commercial, and to the north and east of the existing business park as Medium Density Residential (7-12 dwelling units per acre). Second, when the City rezoned the area R:\S P\Harveston SP\Channe~.esp..doc I in 1995 it was not considering the "SweetWater" Specific Plan, but rather the "Winchester Hills" Specific Plan, which was proposed by Bedford Development Company. The SweetWater Specific Plan, which is the predecassor to the current Harveston Specific Plan, came into being about 1998 and has Lennar Communities as its owner/developer. The proposed Harveston General Plan designations west of Ynez Road are proposed to remain Service Commercial (Exhibit 13 of the Draft EIR and Final EIR). However, the areas north and east of the existing business park are proposed to be Iow reed'urn" density residential (3-5 dwelling units per acre) and open space (i.e., the proposed community park). It is the City's belief that the community park is a more compatible use with the existing business park compared to medium density residential of the existing General Plan land use. Furthermore, the proposed zoning for the project site (E~ibit 14a of the Dralt EIR and Final EIR) designates the area immediately north of the existing business park (with the realignment of Equity) as light industrial, which is also more compatible with the existing business park. The analysis of Alternative 2 (Development under Existing General Plan) to the proposed project contained in the Draft EIR on page 6-24 clearly indicates that development of Harveston Specific Plan is below the general plan build out, and the proposed traffic (i.e., number vehicle trips) from the proposed Specific Plan is lower compared to the build out of the existing General Plan designations. Therefore, the "proposed" General Plan and Zoning designations, under the Harveston Specific Plan, present a superior and more compatible land use and takes into account the sensitivity of the existing uses around the project site. With respect to the commentor's concerns on traffic impacts and trip generation undercount for the proposed project, please refer to Responses A-1 through A-3, prepared by the project traffic engineer, Mr. Bob Davis of Wilbur Smith and Associates. Additionally, regarding the general comment on the "inadequacy" of the Draft EIR, the Draft EIR has been prepared pursuant to CEQA Guidelines, and the City as the lead agency has properly analyzed the potential impacts that may arise related to traffic and circulation, pedestrian safety, land use conflicts and noise. As supported by the responses provided below, the traffic study has analyzed the existing, plus future, build out scenarios and takes into account traffic generated by all the proposed uses, and the proposed number of dwelling units and traffic generated by the project area below the existing General Plan. Therefore, the Draft EIR is adequate, and per section 15068.5 of the CEQA Guidelines "does not" require re-circulation. Response 2 Surrounding Land Use Conflict Issues The Harveston Draft EIR has acknowledged the existence of the Winchester Highlands Business Park, including Channell Commercial. The Business Park has been introduced as one of the surrounding land uses (Section 3.1, Project Location, of the EIR). Additionally, Section 4.4, Local Setting, of the Draft EIR discusses location of Winchester Highlands Business Park, and as noted by the commentor Exhibit 2, Local Vicinity/Surrounding Land Uses shows the existing Winchester Highlands Business Park. Regarding location of the Community Park as a buffer, professional land planners consider a "park" as a good transitional use between residential and commercial uses. This use is consistent with the City of Temecula General Plan, and based upon several prior meetings between City staff and representatives of Channell Commercial. It was acknowledged that the community park would provide a good land use buffer and is more compatible than the existing General Plan designation of Medium Density residential. The five (5) design alternatives for the community park (refined per suggestions from Temecula Community Services Department) were developed considering compatibility between the proposed park and the existing Winchester Highlands Business Park (i.e., Channel Commercial) uses. The final community park design will be completed upon the final approved alignment for Ynez Road. The final park design developed by City staff will take into account the ex/sting adjacent land uses. R:~S P\Harveston SP\Channe~.esp..doc 2 Response 3 The location of the community park within Harveston is consistent with the City of Temecula General Plan. The express intention of every community or public park is to draw not only local residents, but also for the facility to be used by other members of the community as well. This in turn will bring some additional traffic, unrelated to the residential development into the vicinity of the community park. However, because park usage in the City is during non-peak hours, the additional traffic will not necessarily result in additional peak hour congestion. Additionally, on page 5-42 of the Draft E IR, the project trip generation table includes 800 daily trips for the 16-acre community park. Please see following responses A-1 to A-3 for traffic/circulation. Response 4 According to Mr. Bob Davis of Wilbur Smith Associates, the number of trucks using Equity Drive is not sufficient to cause a significant impact. The majority of the trucks will use County Center Drive rather than the Equity Drive. Finally, Equity Drive is built to a 78' Industrial Collector standard and few of the vehicle trips will be generated by the Harveston project. Additionally, please refer to Response A-3, below. Response 5 This comment does not raise an issue requiring a response under CEQA. 'lhe comment is noted and will be forwarded to the appropriate decision-makers. Traffic/Circulation and Pedestrian Safety Issues Response 6 Traffic/Circulation Issue.~ Please refer to Response A-3, below. Response 7 The following response has been prepared by Mr. Hans Giroux of Giroux and Associates: Diesel engines are not major CO emitters compared to automobiles. Diesel engines emit far more NOx.than cars per vehicle, and d esel exhaust contains carcinogenic particulates. NOx emissions are ~mportant on a regional scale in their role as an ozone precursor, but not as a "hot spot" pollutant. Diesel exhaust particulates are forecast to be reduced dramatically over the next several years, and no impacts to Harveston residents and off-site users are anticipated. Any local air quality issues are thus related to CO emissions which will be minimally affected by truck routing. CO emissions from all vehicles, including a substantial (9%) truck fraction, were included in the project air quality analysis. A screening level microscale air quality "hot spot" analysis was conducted for two intersections, Winchester/Ynez and Murrieta Hot Springs/Margarita. This analysis incorporates worst-case atmospheric dispersion conditions and maximum traffic to predict CO concentrations in very close proximity to the roadway edge. The peak one-hour concentrations area predicted as follows: Winchester / Ynez 6 ppm Murrieta Hot Springs / Margarita 6 ppm Source: Caltrans Air QualityTechnical Analysis Notes, 1988. R:~S P\Harveston SP\ChanneResp..doc Existing peak hour background CO levels are 5.0 ppm. It would require a local contribution of 15 ppm to equal the California one-hour CO standard. The maximum theoretical combined background (5 ppm) plus local (6 ppm) concentration is 11 ppm. Based upon theresults of this analysis, there will be no CO "hot spot" ~thin the project vicinity. Response 8 Based on the following Response A-3, the analysis contained in the EIR for Harveston Specific Plan, and incorporation of proposed mitigation measures and design guidelines, there will be no hazards anticipated due to a design feature or incompatible uses. The analyses contained in the EIR are adequate per the CEQA guidelines. Response 9 Pedestrian Safety Issues Little, if any, organized sports activity occurs on sport parks between the hours of 7 am and 3:30 pm Monday through Friday. Peak sport park use hours will be Monday through Friday 4 to 9 pm and all day Saturday. During design development TCSD may consider additional onsite parking to help mitigate conflicts. Conflicts should be limited based upon the number of trucks coming to the area, the times for delivery and the peak hour of park usage. Additionally, please refer to responses to traffic/circulation issues, below. Response10 Noise Mr. Hans Giroux, acoustical engineer for Giroux and Associates, has provided the following response: Parks are considered as both noise-sensitive receivers as well as noise generators from active recreation. Allowable noise exposures for community parks are therefore slightly less stringent than for usable exterior residential space. The noise standard for siting active recreation uses is 70 dB CNEL, rather than the 65 dB CNEL standard generallyapp ed to residential uses. This siting standard is based upon the CNEL (Community Noise Equivalent Level) metric. CNEL is a weighted 24-hour exposure. Isolated truck movements within the Business Park will not measurably increase the CNEL at the adjoining proposed community park. The noise level from 115 trucks per hour at a 25 mph travel speed is 70 dB (FHWA-RD-77-108, calveno REMELs) at 50 feet from the travel path. It would require 2,760 trucks during a 12-hour period traveling as close as 50 feet to the proposed community park to exceed 70 dB CNEL As indicated b the commentor (page 4, 2"° paragraph of the comment letter), Channell's e~stin' o erations ' y g P revolve a total of 28 trucks per day. The Business Park will never generate 2,760 daily truck trips within 50 feet of the proposed community park interface with the development of the Harveston project. Noise-sensitive recreation would, furthermore, not be placed directly at the park boundary, but generally more in the interior to further increase the buffer distance between any Business Park activity and recreation users. Any reasonable assumptions of both Business Park activity levels and/or park use layouts suggest that there is zero constraint of one use upon the other. Active recreation ball fields and other community park uses operate very successfully in close proximity to heavily traveled arterials or freeways. A shared boundary with a Business Park would neither impact the ability of business to conduct its normal operations or for park users to enjoy community amenities. There are, therefore, no anticipated significant noise impacts that would require additional mitigation, or that would render the EIR as "fatally defective." R:\S P\Harveston SP\Channe~.esp..doc Response11 The comment is acknowledged and will be forwarded to the appropriate decision-makers. Additionally, based on the responses provided above and below, it is the opinion of the City of Temecula that the Draft EIR is adequate and does not need to be revised or recirculated. ATTACHMENT - LSA ASSOCIATES, INC., MAY 10, 2001. The following responses have been provided by Mr. Bob Davis of Wilbur Smith and Associates (WSA), traffic consultant for the project, based on the comments provided in the letter by LSA Associates, Inc., dated May 10, 2001: Response A-1 Residential Trip Generation - WSA agrees that the Institute of Transportation Engineers (ITE) Trip Generation is the industry-accepted source for developing trip generation estimates for proposed development projects. The ITE Trip Generation publication is a three volume set of documents that includes a "Trip Generation Handbook." The Trip Generation Handbook sets forth ITE's recommended practice concerning the use and application of trip generation data/reseamh contained in the ITE Trip Generation documents. The Trip Generation Handbook clearly states the recommended practice regarding the use of regression equations and weighted average rates. Regression equations are recommended when sufficient data and other factors exist that validate the use of the equations. In summary, ITE recommends that the regression equation be used when: ~f)atr~°cr;r~ehl~~ o2n0) ?sa~ iPeO~i.~l~).a;.~ ~id~,e,d, in the ?search data; 2)the calculated R2 value (level of i · ; o) [ne number of dwelling units being studied fails within the cluster of data points used to calculate the regression equation. If all three of these conditions exist, then the regression produces as estimate of trip generation that is more accurate based on the research data than use of the average rate. As can be seen in the ITE Trip Generation Data Plots that were attached to the LSA Associates letter, there are clearly more than 20 data points and data correlation value is well above 0.75. Additionally, the number of single-family residential units (1,528) falls within the cluster of data points (e.g. from under 100 to approximately 2,900). Therefore, the ITE recommended practice was used for the Harveston Specific Plan traffic study. Response A-2 Service Commercial Trip Generation - The service commercial trip rate was derived based on a careful review of the types of uses that are allowed within the service commercial zoning and the typical mix of uses that currently occur along the 1-15 corridor in Temecula. While the assumption that the entire site develops as regional shopping center type commercial (predominantly retail commercial) would probably yield the highest trip generation estimate, it does not appear to be realistic given the proximity to the Promenade Mall, adjacent Power Center; and Palm Plaza. Furthermore, this would not be typical of the variety of uses that currently occur along the 1-15 corridor. A mechanism (i.e., traffic mitigation monitoring program - refer to Mitigation Measure 5 of the EIR) is currently in place that will allow for the monitoring of traffic generation and off-site impacts as future phases of the project are proposed for development. Response A-3 Conflicts with Existing Truck Traffic - Due to the configuration of Equity Drive and County Center Drive, the layout of the Winchester Highlands Business Park, and how access is provided to Ynez Road, it would appear that most traffic and truck traffic uses will continue to use County Center Drive. While there may be a higher than typical number of trucks being generated specifically by the Channell Commercial business, the total number of trucks (up to 28 per day) in our opinion is not a volume of truck traffic that would present a safety concern for pedestrian activity at the park. The R:~ P~Harvcston SP~ChannelResp..doc primary parking area for the park will be on the park site (i.e., 100 space parking lot) thereby minimizing the potential for conflicts. Furthermore, much of the truck traffic will be occurring early in the morning and not during peak usage time of the park. With regard to the concerns about truck traffic being able to turn left onto Ynez Road from County Center Drive, Ynez Road has been designated a high capacity Major Roadway on the County and City of Temecula Circulation Element for over 15 years. As the City nears build-out, it is expected that significant volumes of traffic will be using the Ynez Road corridor whether or not the Harveston Specific Plan Project i~ implemented. At some point in the future, it is likely that traffic volumes at this intersection will reach levels that warrant a traffic signal The future traffic signal would facilitate the left turn movement that is of concern to Channell Commercial. In summary, the Planning Department feels the Draft EIR project was prepared pursuant io regulations of CEQA and meets the requirements therein. The Planning Commission will consider the proposed project on June 20, 2001. The project will subsequently be presented to the City Council for their consideration. If you have any additional questions or would like to discuss this matter further, please feel free to contact me. Sincerely, Dave Hogan Senior Planner Enclosure R:',S P~Harveston SP',ChannelResp..doc ATTACHMENT NO. 7 GENERAL PLAN DENSITY ANALYSIS R:\S P\Harveston SP~C Docs\ PC STAFFRPT.doc 42 The following is an analysis of the Iow and high densities of the existing General Plan Land Uses, the proposed Land Uses of the Harveston Specific Plan and the previous Winchester Hills Specific Plan that was never approved for this project area: Existin.q General Plan Land User Total Units Total Units Acres Low High (Low) (High) LM 276.2 3 828.6 276.2 6 1657.2 M 39 7 273 39 12 468 H 17.5 13 227.5 17.5 20 350 Mid-Range TOTAL 1329.1 2475.2 1902,15 Proposed Harveston General Plan Land Uses Total Units Total Units Acres Low High (Low) (High) LM 228 3 684 228 6 1368 M 61.4 7 429,8 61.4 12 736.8 H 16.8 13 218.4 16.8 20 336 Mid-Range TOTAL 1332.2 2440.8 1886.5 Harveston Specific Plan Residential Units (Proposed) 1921 Original Winchester Hills Specific Plan Residential Unit Proposal 1948 R:\S P\Harveston SP~oC Docs\ PC STAFFRPT.doc 43 ATTACHMENT NO. 8 DRAFT DEVELOPMENT AGREEMENT R:\S P~Harveston SP\PC Docs\ PC STAFFRPT.doc 44 ATTACHMENT 8 VESTING RIGHTS Jun-05-01 04:Z4pm From- 619-6903541 T-194 P.Z3/Z5 F-343 Attachment No. 8 to Harveston Development Agreement VESTING LENNAR PROPERTY - The vested tights afforded by the Agreement include, withom lirmtation, the rigin w the following: Building and occupancy permhs for 1,921 dwelling un/ts, including: a approximately 578 'Low Meal/urn" density, as defined in thc SP~fific Plan, dwellin§ b. approximately 475 "Med~ttm 1' density, as defined in thc Specific Plan, dwelling c. approximately 568 "Medium 2" density, as defined in the Specific Plan, dwelling d. appro~i~.~tely 300 "I-~" density, a~ defined in the Specific Plan, dwellhlg ull/ts, BuiM_!ng ~.~r~ occupancy permits for 20,000 square feet of mixed use developmant w/thin the Village Center. Building and occupancy p~u~its for a private Village Club facility of approxin~ely 10,000 square feet w/th pool and ouui~or fac/lit/es on approx/ma~ely 2.5 acres. Permits for the consuuclion of a lake of approximately 8 acres. Build and occupy the village club, dwellin$ units and mixed use developmen$ in accord~_~ce with the Design Guidelines set forth in Section 10 of thc Specific Plan and the Development Standard~ set forth in Sectioa 11 of the Specific Plan. Tr~_n_~t'cr dwelling units between Planning Areas, and vary the intensity of developmcm within a Planning Area, in accordance with Section 12.7 of the Specific Pla~ WINCHESTER PROPERTY - The vested righcs afforded by thc A~reement include, widwut !~m~fion, the right m the foUoWmg: Building and occupancy permits for thc development of 112.5 acres of Service Commercial at floor anm ratio range of.3 to 1.5. Build ami occupy thc servicc commercial development in accordancc with the Desit~ C-uidelin~ set forth in Section 10 of the Specific Plan and the Development ~tandards set forth in Secdon 11 of the Specific Plan. DEVELOPMENT AGREEMENT By and Between THE CITY OF TEMECULA, City, and LENNAR and WINCHESTER HILLS, collectively Owner. 11086\0092\657182.3 6/14/01 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the day of ,2001 ("Agreement Date"), by and between a ("Lennar.') and Winchester Hills , LLC, a ("Winchester"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; assist in the financing of public improvements; protect against initiatives, moratorium (processing or development) and other actions inconsistent with the Project anticipated by this Agreement; assure reimbursement of OWNER in accordance with the terms of this Agreement and state and federal law; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. Lennar and Winchester are the owners of certain real property within the City of Temecula, the County of Riverside, State of California (individually, "Lennar Property" or "Winchester Property" and collectively, the "Property"), as more particularly described in Attachments "I-A", "I-B" and "1-C", including a plat graphically depicting each respectively. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the Existing Regulations and those regulations of other agencies exercising jurisdiction upon the project. The Scope of Development of the 2 Property as contemplated by this Agreement is described below. D. OWNER has applied for, and the CITY has agreed to, this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of the CITY has required the preparation of and has certified the Project EIR in order to identify any significant environmental effects arising from the Development and has otherwise carried out all requirements of the California Environmental Quality Act ("CEQA") of 1970, as amended. Project: The following actions were taken with respect to this Agreement and the 1. On , 2001, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement, the General Plan amendment, the Specific Plan, Rezone and Tentative Map No. , by adoption of its Resolution No. and making the findings of fact thereto; 2. On , after a duly noticed public hearing and pursuant to CEQA, the City Council certified the Project EIR and adopted the Mitigation Monitoring and Reporting Program by adoption of its Resolution No. __ and making the findings of fact thereto; 3. On , after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY by adoption of its Resolution No.__ and making the findings of fact thereto; 4. On , after a duly noticed public hearing, the City Council approved the Specific Plan, the General Plan amendment, the Rezone and Tentative Map No. by adoption of its Resolution No. , Ordinance No. __ and making the findings of fact thereto; 5. On , after a duly noticed public hearing, the Board of Directors of the Winchester Financing Authority will have adopted a Resolution Authorizing Changes to a Rate and Apportionment of Special Taxes of Community Facilities District 98-1. 6. On Council introduced Ordinance No. , after a duly noticed public hearing, the City __ approving and authorizing the execution of this Agreement and on , the City Council adopted the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the findings and conditions pertaining thereto. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project under the California Environmental Quality Act and all applicable Existing Regulations, as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the CITY. G. In consideration of the substantial public improvements and benefits already provided and those to be provided by OWNER and the Project, as described in Attachment 2, in fudher consideration of the benefits that will inure to the CITY in conjunction with the implementation of the Project and in order to strengthen the public financing and planning process and reduce the economic costs of development, by this Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance that OWNER can proceed with the Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the Development Plan Approval(s) and the Existing Regulations. In reliance on the CITY's covenants in this Agreement concerning the Development of the Property, OWNER has and will in the future incur substantial indebtedness, as well as costs in planning, engineering, site preparation and the construction and installation of major infrastructure and facilities that OWNER would not incur but for the covenants of CITY provided in this Agreement. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i)this Agreement and the Development Plan Approval(s) implement the goals and policies of the CITY's General Plan and the Specific Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement and the Project are in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is consistent with the CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv)this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. The CITY and OWNER agree that it may be beneficial to enter into operating memoranda, additional agreements or to modify this Agreement with respect to the implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated operating memoranda, additional agreements or modifications to this Agreement. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, the parties agree as follows: 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Agreement, or any supplemental agreement, and any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the word "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Additional Benefits" means those infrastructure improvements described in Attachment No. 12, and OWNER's obligations as described in Section 4, the additional One Hundred Fifty Thousand Dollars ($150,000) Fire Protection Fee described in Section 4.2.3.2 and the right of the CITY to limit Development of the Property in accordance with Section 4.3.4. "Agreement Date" means , 2001, the date of the second introduction and reading of the Authorizing Ordinance by the City Council. "Authorizing Ordinance" means Ordinance No. this Agreement. ~ of the CITY approving "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments and assignees or successors, "City Council" means the duly elected and constituted city council of the CITY. "Connecting Arterials" mean the artedal roads for which the alignment is not finally established in the Specific Plan for Planning Areas 8, 10, 11 and 12, as required for the Interchange Improvements on the east side of 1-15 within the western approximately one-third of the Project, including, without limitation, Date Street and Ynez Avenue. "Connecting Arterial Plan" shall mean the Alignment and Grade Plan, as the 5 same is defined by the City of Temecula Public Works Department, as defined in Section 4.3.4.1. "Develop" or "Development" or "Developing" means the improvement of the Property for purposes consistent with the Development Plan, including, without limitation: subdividing, grading, the construction of infrastructure and }ublic facilities related to the Off-Site Im )rovements, the construction of structures and buildings and the installation of landscaping, all in accordance with th phasing provided for herein. "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Agreement Date. "Development Impact Fees" or "DIF" means, individually and in the aggregate, the CITY's currently adopted development impact fees as set forth in Ordinance No. 97- 09 in effect as of the Agreement Date as set forth in the Temecula Municipal Code in "Development Plan" means the plan for Developing the Property contained in this Agreement, the City of Temecula General Plan as amended on 2001 and as thereafter amended in accordance with Section 3.6 hereof, the Specifl(~ Plan, Rezone, Tentative Tract Map No. 29639 and Tentative Tract Map Nos. 29928, 29929 and 30088, the Project EIR (including Mitigation Monitoring Program) and those Future Development Approvals, approved in conformance with Section 3.7 hereof. "Development Plan Approval(s)" means the approvals of the City Council and other governmental agencies and other actions and agreements described in Attachment 3 hereto, including those amendments to this Agreement made in accordance with Section 3.5, those amended to the Development Plan Approvals made in accordance with Section 3.8 and those Future Development Approvals made in accordance with Section 3.7. "Development Transferee" means a person or entity that expressly assumes obligations under this Agreement pursuant to Section 2.5 hereof. "Effective Date" means the date the Authorizing Ordinance becomes effective. "Existing Regulations" means those ordinances, rules, regulations and official policies of the CITY other than the Development Plan Approval(s) in effect on the Agreement Date, which govern the permitted uses of the Property, building heights, the size of structures, the density and intensity of use of the Property, the timing, fees, and conditions to Development, exactions, assessments, the procedures for, and types of, permits required for the Development, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Property and the infrastructure required for the Development. By way of enumeration, and not limitation, the Existing Regulations include those portions of the items identified on Attachment 4. The CITY has certified two copies of each of the documents listed on Attachment 4. The CITY has retained one set of the certified documents and has provided OWNER with the second set. "Future Development Approvals" means those entitlements and approvals that are: (a) made in accordance with Section 3.7; and (b) requested by the CITY or OWNER in order to authorize the Development to occur upon the Property in a manner consistent with the Development Plan Approval(s). By way of enumeration, and not limitation, the Future Development Approvals include actions such as development plan review, tentative maps, final maps, use permits, variances, grading permits, occupancy permits and building permits. "Interchange Improvements" means the improvements required for a full service interchange for Interstate 15, within the western approximately one-third of the Project as the same may be approved by both Caltrans and the City of Temecula. "Lennar" means "Lennar Development" means the Development located on the Lennar Property, and Public Infrastructure Improvements related thereto. "Lennar Property" means that certain real property that is part of the Property, as described in Attachment 1-A hereto and subject to refinement upon recordation of the final "A" map. "Merchant Builder" means a buyer, assignee, or transferee (other than the OWNER or any End User) of one or more individual lots or tracts of the Project, acquiring such lots or tracts for the purpose of engaging in the business of developing, improving, or using such lots or tracts for development. "Off-Site Improvements" means the improvements set forth on Attachment 5 and described in the Development Plan Approval(s). "On-Site Improvements" means physical infrastructure improvements or facilities that are or will be located on the Property as described in the Development Plan Approval(s) and Attachment 6. "OWNER" is Lennar and Winchester and others who subsequently are assigned the rights and obligations of OWNER pursuant to Section 2.5 hereof. "Planning Commission" means the duly appointed and constituted planning commission of the CITY. "Public Facilities Finance Plan" means the proposed plan attached hereto as Attachment 7. "Public Financing" means the issuance of bonds and related provision of funds for acquisition of public facilities in accordance with the terms and conditions of the Public Facilities Finance Plan. "Public Infrastructure Improvements" mean the improvements described in Attachment 5 and described in the Development Plan Approval(s). "Project" means the development of the Property as set forth in the Development Plan Approval(s). "Project EIR" means that environmental impact report prepared for the Project, as certified on ,2001. "Project Study Report" means Project Study Report approved by Caltrans that delineates the location and nature of the Interchange Improvements or any other improvements requiring Caltrans approval. "Property" means that certain real property described in Attachment 1-C hereof. "Specific Plan" means the Harveston Specific Plan, approved by the CITY on , 2001 and as thereafter amended from time to time in accordance with Section 3.6 of this Agreement. Any reference in this Agreement to a Planning Area shall mean the specified Planning Area as the same is set forth in the adopted Specific Plan. "Specific Plan Area" means the Property. "Term" means the time frames set forth in Section 2.3. "Winchester" means Winchester Hills , LLC, a "Winchester Development" means the Development located on the Winchester Property, and the Public Infrastructure Improvements related thereto. "Winchester Property" means that certain real property that is a part of the Property, as described in Attachment 1-B hereto and subject to refinement upon recordation of Tract Map No. 29639. 2. General Provisions. 2.1 Bindin Covenants. Except as otherwise provided for in this Agreement, the provisions of this Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties, all successors in interest to the parties hereto to the extent provided for in this Agreement. 2.2 Interest of OWNER. OWNER represents that OWNER owns fee simple interest in the Property. 2.3 Term This Agreement shall become effective on the Effective Date. Unless terminated pursuant to Section 2.4, with respect to the Lennar Property, this Agreement shall terminate at 11:59 p.m. on the tenth (10th) anniversary of the earlier of either (i) the date the CiTY issues either the first (1st) building permit for a residential dwelling unit other than a model unit or for a commercial structure within the Lennar Property or (ii) the second (2nd) anniversary of the Effective Date. The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions of this Agreement. Unless terminated pursuant to Section 2.4, with respect to the Winchester Property, this Agreement shall terminate at 11:59 p.m. on the tenth (10t~) anniversary of the earlier of either: (i) the date the CiTY issues the first (1~) building permit for a non-residential building on the Winchester Property; or (ii) the date the limitations on development imposed by Section 4.3.4 hereof terminate. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect, except for those covenants and agreements that expressly survive termination, upon the occurrence of any of the following events: 2.4.1 If termination occurs pursuant to any specific provision of this Agreement, including, without limitation, a termination in the event of default; 2.4.2 Completion of the total build-out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3 Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CiTY as a result of any lawsuit filed against the CiTY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement. 2.4.4 The expiration of the Term as set forth in Section 2.3. 9 To provide notice to all, and not as a condition of the effectiveness of a termination of this Agreement, the 3arties agree to execute and record terminations of or releases of this Agreement. 2.6 Transfers and Assi,qnments. OWNER's reputation, resources and corporate history are a material component of CITY's decision to enter into this Agreement. The CITY, but for the factors attributable to OWNER, would not have agreed to the terms and conditions set forth in this Agreement. in light of such reliance CITY desires to be provided assurances in regards to any successor to OWNER's rights, duties and obligations which arise, directly or indirectly, under this Agreement. CITY also does not desire to unduly intervene in OWNER's business affairs. In order to satisfy the goals and objectives of CITY, and to allow the OWNER reasonable freedom in regards to its business affairs, CITY and OWNER agree to the following provisions regarding transfers and assignments. 2.$.'1 Assignments and/or Transfers Involvin,q No Assiqnment or Transfer of Specified Ri.qhts, Duties and Obli.qations Under the Development Agreement. OWNER, at any time and from time to time, may transfer to any person, firm or entity that lawfully capable of assuming the same, any interest the OWNER may possess in the Property or the Development Plan, without the prior approval of CITY provided that, prior to the completion of the transaction which shall result in the transfer or assignment of the subject interest OWNER shall cause the following to occur: (i) OWNER shall give written notice to CITY of the proposed assignment or transfer, including the name of the transferee or assignee, the business address, facsimile number, telephone number and email address of the transferee or assignee, a reasonably detailed description of the interest being transferred or assigned and the anticipated date of the transfer. (ii) OWNER's legal counsel shall deliver a formal written opinion, for benefit of CITY and with the purpose of CITY's reliance on the same for all purposes, that no rights, duties or obligations of OWNER relating to the Additional Benefits, the Connecting Arterials, the Interchange Improvements, the Off-Site Improvements and those matters set forth on the Attachments to the Agreement, and the timely and complete development thereof, are being transferred or assigned as a result of the transaction. In the event OWNER cannot provide the documents set forth in Subsection 2.5.1(i) and 2.5.1(ii) in the time frame required, OWNER shall obtain CITY's prior written consent, which shall not be unreasonably withheld. The transferees and assignees identified pursuant to this subsection shall be referenced as "Non-Obligation Assignees/Transferees." 2.5.2 Assiqnments and/or Transfers Involvin,q the Assiqnment or 10 Transfer of Certain Specified Riqhts, Duties and Ob Rations Arisin,q Under thc i:)evelopment ARreement OWNE~R, at any time and frer~ time to time may desire to transfer to another the OWNER's rights, duties and obligations arising under and from the Development Agreement in regards to the promises and performances in regards to the Additional Benefits, the Connecting Arterials, the Interchange Improvements, the Off-Site Improvements and those matters set forth on the Attachments to the Agreement. The requirements attendant to the assignment or transfer are: (i) Prior to the completion of the assignment or transfer the OWNER shall deliver to CITY the information defined in Subsection 2.5.1(i) above. (ii) Prior to the completion of the assignment or transfer OWNER shall deliver to CITY a duplicate of the instrument by which the subject rights duties and obligations are to be assignee or transferee including a description of the security being offered CITY to ensure the completion of the rights, duties and obligations. (iii) Prior to the completion of the assignment or transfer OWNER shall deliver to CITY a proposed opinion prepared by the assignees or transferees legal counsel, to the benefit of CITY which both identifies with particularity those rights, duties and obligations under the Development Agreement to be assumed by the assignee or transferee and which unequivocally acknowledges that the assignee or transferee is bound by the terms of the Development Agreement and acknowledges the CITY may enforce the Development Agreement against such Party. (iv) Prior to the completion of the assignment or transfer OWNER shall deliver to CITY an estoppel certificate, at no cost to CITY, wherein OWNER specified and acknowledges those obligations under the Development Agreement which OWNER has retained. (v) CITY shall promptly review the documents submitted, at such time all of the documents are received by CITY and shall thereafter provide a written response to OWNER. CITY shall limit its review to the determination of (a) is the security for the subject performances reasonably adequate to cause the subject rights, duties and obligations to be completed as required by the Agreement and b) do the documents reasonably provide the information and conform to the standards and requirements expected of such instrument when the same is prepared by a competent legal practitioner. CITY shall deliver its written review, including the changes CITY requires as a precondition to the issuance of its consent, to OWNER. In the event CITY's requests are accepted by OWNER, a duplicate set of the execution ready 11 documents shall be provided to CITY prior to the close of the transaction for the purpose of CITY confirming all changes were correctly made therein. CITY shall thereafter be provided final, executed duplicates of the items described in Subsection 2.5.2(ii), (iii), and (iv) above concurrently with the completion of the transaction effectuating the assignment or transfer. The assignee or transferee shall be referenced as the "Development Transferee with Obligations." 2.5.3 Effect of Assignment or Transfer. Unless expressly set forth to the contrary in this Agreement CITY shall require OWNER to perform all promises, duties and obligations set forth in the Development Agreement with the sole exception of those which CITY has consented to be assigned or transferred to a development Transferee with Obligations. CITY shall look only to the Development Transferee to perform the obligations such party is obligated to perform. 3. Development Provisions. 3.1 Vestinq. 3.1.1 Project. CITY covenants that OWNER has, and OWNER shall have, the right to implement the Development pursuant to the Development Plan Approvals and the Existing Regulations, including, without limitation, specific uses, 1921 residential units and 1,700,000 square footage of commemial development, building heights, building sizes, lot sizes, infrastructure standards and specifications, densities and types of development provided for in the Specific Plan, and the CITY shall have the right to control the Development in accordance with the Existing Regulations and the Development Plan Approval(s) ("vested right"). By way of enumeration, and not limitation, the vested rights afforded by this Agreement include those identified in Attachment 8 hereof. Except as otherwise expressly specified in this Agreement, the Development Plan Approval(s) shall control the design and development, and review and approval of all Future Development Approvals and all Off-Site Improvements and appurtenances in connection therewith. Except to the extent it has been amended, canceled, modified or suspended in accordance with the terms of this Agreement, this Agreement shall be enforceable by OWNER or its assignees notwithstanding any change in any Existing Regulation. 3.1.2 Limits on Development. The California Supreme Court held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties to address certain limits on a CITY's ability to condition, restrict or regulate a development allowed a later adopted initiative to restrict the development. This Agreement cures that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement and the scope of the CITY's Reserved Authority. Except as expressly set forth in the Development Plan Approval(s), regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development in such order, and at such rate, in one phase or in multiple phases, at such times as OWNER deems appropriate within 12 the exercise of its subjective business judgment. Specifically, the CiTY agrees that OWNER shall be entitled to apply for and receive the Future Development Approvals and to develop and use the Property at any time during the term of this Agreement, provided that such application is made and such development occurs in accordance with this Agreement, the other Development Plan Approval(s) and the Existing Regulations. The CITY covenants that no Existing Regulation purports to limit the scope, rate or timing of Development or alter the sequencing of Development in a manner inconsistent with the Development Plan Approval(s). No future amendment of any CiTY law, or future adoption of any CITY law or other action, that purports to limit the scope, rate or timing of Development on the Property or alter the sequencing of the Development, in a manner inconsistent with the Development Plan Approval(s), whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by CiTY on the number of dwellings units or amount of commercial development that may be built in any particular year on any portion of the Property other than permitted by this Agreement. 3.1.3 Entitlements, Permits and Approvals - Cooperation. 3.1.3.1 Processing. CiTY agrees that it shall accept and expeditiously process, pursuant to CITY's regular procedures, OWNER's applications for amendments to this Agreement, amendments to the Development Plan Approval(s) and the Future Development Approvals. 3.1.3.2 Further Mitigation. In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required under the California Public Resource Code and the Guidelines promulgated thereunder, the CITY shall not impose any environmental land use project alternatives or mitigation measures on OWNER or the Property beyond those referenced in the Development Plan Approval(s). 3.1.3.3 Other Permits. The CiTY further agrees to reasonably cooperate with OWNER, at no cost to the CITY, in securing any County, State and Federal permits or authorizations which may be required in connection with Development of the Property. Except as expressly provided for in this Agreement, this cooperation shall not require any economic contribution or similar consideration by the CITY. 3.1.3.4 Litigation. The CITY agrees to reasonably cooperate with OWNER in all reasonable manners in order to keep this Agreement in full force and effect, if any legal action is instituted by a third party or other governmental entity or official challenging the Development Plan Approval(s) or Future Development Approvals, the parties hereby agree to cooperate in jointly defending such action. 13 Notwithstanding the foregoing OWNER shall be responsible for all costs, including, but not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by OWNER. 3.1.3.5 Acquisition of Off-Site Property. The CITY shall not postpone or refuse approval of a Future Development Approval because the OWNER or Development Transferee has failed to acquire off-site property required for the construction or installation of Off-Site Improvements. To the extent the CITY, OWNER or a Development Transferee does not have sufficient title or interest to permit the Public Infrastructure Improvements to be made at the time the Future Development Approval is filed with the CITY, the applicable OWNER or Development Transferee shall make a good faith effort to acquire the required property. If the OWNER or Development Transferee is unable to acquire the required property, the CITY shall consider in good faith the acquisition of the required property. Subject to the following if the CITY is unable to acquire the required property by negotiation or condemnation within the time frame provided for in Government Code Section 66462.5, the CITY shall continue to issue Future Development Approvals for the Project despite the fact that the improvement has not been completed. Notwithstanding the above, the CiTY's obligation to continue to issue Future Development Approvals as provided for in this Section is contingent upon: (i) the applicable OWNER or Development Transferee submitting the improvement plans required for the improvement to the CITY; and (ii) consistent with Government Code Section 66462.5, the OWNER or Development Transferee enters into an agreement with the CITY to reimburse the CITY for costs incurred by the CITY in acquiring the required property; and (iii) so long as OWNER or Development Transferee has deposited with CITY an amount equal to the costs of the Public Infrastructure Improvement(s) which are uncompleted. CITY may use these funds for community circulation/transportation improvements in its sole discretion. 3.2 Reserved Authority. 3.2.1 Uniform Codes. This Agreement shall not prevent the CiTY from applying new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, to the Development, provided those same standards are applied to all other development within the CITY. 3.2.2 State and Federal Laws and Regulations. Subject to compliance with the requirements of this Section 3.2.2, the Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Plan Approval(s). Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, CITY or OWNER shall provide the 14 other parties with written notice of the state or federal Paw or regulation, provide a copy of the law or regulation, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such federal or state law or regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in a prompt manner OWNER's proposed changes to the Project as may be necessary to comply with such Federal or State law; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.2.3 Regulation for Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY's police power to protect the public health and safety from a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate and interim action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services involving the Property or the immediate community ("Exigent Event"). Upon discovery of an Exigent Event, CITY may suspend this Agreement for a period reasonably necessary to analyze, evaluate and develop a response to the Exigent Event following delivery of written notice of suspension to OWNER. Immediately thereafter, the suspension shall end and CITY shall provide the OWNER with written notice of the existence of the Exigent Event, a detailed explanation of the CiTY's proposed action, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with the Exigent Event. In such negotiations, CITY and OWNER agree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in an expedited manner OWNER's proposed changes to the Project as may be necessary to comply with the Exigent Event; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.3 Further Assurances to OWNER Reqardinq Exercise of Reserved Authority. 3.3.1 Assurances to OWNER. The parties further acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed 15 in accordance with the Development Plan Approval(s) and the Existing Regulations. Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1 and 3.2 ("Reserved Authority"), OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of rules, regulations and policies which might otherwise permit the CITY, in violation of the Reserved Authority, to attempt to apply rules, regulations and policies that are inconsistent with the Development Plan Approval(s). Accordingly, OWNER desires assurances that the CITY shall not, and the CITY agrees that it shall not, further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority, which excuse shall not be considered to be a violation of this Agreement. 3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially (including by way of a reference proceeding) challenges the application of a future rule, regulation or policy as being in violation of this Agreement and as not being applied in accordance with the Reserved Authority, OWNER shall bear the burden of alleging that such rule, regulation or policy is inconsistent with the Existing Regulations and the Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in establishing by a preponderance of the evidence that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement. 3.4 Consistent and Inconsistent Enactments. 3.4.1 No Conflicting Enactments. The CITY shall not enact a rule, regulation, ordinance, policy, permit or other measure (collectively "Law"), nor take any action applicable to the Project or the Property, which governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development, or any part thereof and which is inconsistent or in conflict with the Development Plan Approval(s). By way of enumeration, and not limitation, any law, action or inaction, whether by specific reference to the Project, this Agreement or otherwise, shall be considered to conflict if it: 3.4.1.1 Restricts the vested rights described in the Agreement or in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development or otherwise requires any reduction or increase in the number, size, height or square footage of lot(s), structures, buildings or other improvements, modifies the standards and specifications applicable to the infrastructure required for the Development or requires additional dedications, exactions, fees or mitigation other than that provided for in the Agreement; 3.4.1.2 Is consistent with Section3.4.1.1 hereof, but is not 16 uniformly applied by the CITY to all substantially similar development within the CITY; or 3.4.1.3 Imposes a new permit requirement or procedure not already part of the Existing Regulations. 3.4.2 Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: 3.4.2.1 Transfers of units or permitted uses within the Property as provided for in Section 11.2 of the Specific Plan; 3.4.2.2 Changes in the phasing of the Development pursuant to an application from OWNER and as first approved by the CITY; and 3.4.2.3 Any enactment authorized by this Agreement. 3.4.3 Consistency Between This Agreement, the Development Plan Approval(s) and Existing Regulations. To the extent a conflict exists or develops between the Existing Regulations and the Development Plan Approval(s), the Development Plan Approval(s) shall be controlling. To the extent a conflict exists or develops between this Agreement and any other Development Plan Approval(s) [excluding all requirements of the EIR], this Agreement shall be controlling. 3.5 Amendment of Development A.qreement 3.5.1 Initiation of Amendment. Either CITY or OWNER may propose an amendment to this Agreement. Lennar acknowledges that it shall not initiate an amendment of this Agreement with respect to the Development of the Winchester Property. Winchester acknowledges that it shall not initiate an amendment of this Agreement with respect to the Development of the Lennar Property. No Development Transferee assigned the rights and obligations of an OWNER pursuant to Section 2.5.3 shall have the right to initiate an amendment with respect to any property other than the portion of the Property owned by that Development Transferee. Both CITY and OWNER agree that it may be beneficial to enter into an amendment of this Agreement in connection with the implementation of.the separate components of the Project. Neither an End User, a Merchant Builder nor a Development Transferee shall have the right to initiate an amendment of this Agreement without the written consent of the OWNER. An operating memorandum, as defined below, is not an amendment of this Agreement. 3.5.2 Changes Requiring an Amendment. Unless otherwise required by law, neither an amendment to the Development Plan Approval(s) or the approval of 17 a Future Development Approval shall require an amendment of this Agreement unless the amendment: 3.5.2.1 Materially alters the permitted uses of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; 3.5.2.2 Increases the density or intensity of use of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; or 3.5.2.3 Increases the maximum height and size of permitted buildings. Notwithstanding anything to the contrary herein, an amendment of this Agreement is not required if OWNER pursues entitlements, permits or approvals pursuant to a waiver of vested rights as provided for in Section 4.1. 3.5.3 Procedure. Except as set forth in Section 3.5.5 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 3.5.4 Consent. Any amendment to this Agreement shall require the written consent of both the CITY and the OWNER whose portion of the Property would be materially affected by the amendment. No amendment to all or any prevision of this Agreement shall be effective unless set forth in writing, signed by duly authorized representatives of the CITY and the applicable OWNER, and adopted pursuant to legal requirements imposed on CITY. An amendment of this Agreement does not require the consent of an End User, Merchant Builder or Development Transferee unless such person or entity has uncompleted obligations under this Agreement. To the extent the consent of the OWNER that did not initiate the amendment is necessary, that OWNER shall not unreasonably withhold its consent. Notwithstanding the above, that OWNER shall consent to the amendment on or before the thirtieth (30~) day after receipt of notice of the initiation of the amendment if, as determined in that OWNER's reasonable business judgment, that proposed amendment will not have a material adverse impact on the Development of that OWNER's portion of the Property. 3.5.5 Operating Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the Development Plan Approval(s), they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on 18 behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of OWNER, which, after execution, shall be attached hereto as addenda and become a part hereof. Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. Nothing herein shall authorize the delegation of authority to the City Manager, or designee, contrary to California or Federal Law. 3.6 Future Amendments to Development Plan Approval(s). The following rules apply to future amendments to the Development Plan Approval(s), except that Section 3.5 shall control with respect to a nonsubstantive amendment of this Agreement and Section 3.7 shall control with respect to Future Development Approvals: 3,6.1 OWNER's Written Consent. It is contemplated by the parties that mutually agreed upon amendments to the Development Plan Approval(s) may be necessary. Any amendments to the Development Plan Approval(s) to which OWNER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3,6.2 Concurrent Development Agreement Amendment, Any other Development Plan amendment requiring amendment of this Agreement, as provided for in Section 3.5 hereof, shall be processed concurrently with an amendment to this Agreement in the manner required by law. 3.6.3 Effect of Amendment. Except as expressly set forth within this Agreement, an amendment of the other Development Plan Approval(s) will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent an amendment to the Development Plan Approval(s) is approved in accordance with Section 3.6.1, the amendment shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Agreement Date. 3,7 Future Development Approvals, 3.7.1 Exercise of CITY Discretion. In connection with Future Development Approval or any other actions which the CITY is expressly permitted to make under this Agreement relating to the Project, the CITY shall exercise its discretion or take action in a manner which complies and is consistent with the Development Plan Approval(s) and the Existing Regulations. 3.7.2 Concurrent Development Agreement Amendment. Any Future Development Approval requiring amendment of this Agreement, as provided for in Section 3.5 hereof, shall be processed concurrently with an amendment to this 19 Agreement. 3.7.3 Effect of Future Development Approvals. Except as expressly set forth within this Section 3.7, a Future Development Approval will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent a Future Development Approval is approved in accordance with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Agreement Date. 4. Obli,qations of the Parties 4.1 Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY) will receive from the approval of the Development Plan Approval(s) generally include, but are not limited to,' the items identified below. Nothing in the Development Plan Approval(s) or otherwise obligate OWNERS to construct the Development or any part thereof. OWNER further reserves the right to waive, in whole or in part, the vested rights afforded by the Development Plan Approval(s), and pursue entitlements, permits or approvals other than those provided for in the Development Plan Approval(s). 4.1.1 Growth Management. The Project conforms to the CITY's effort to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, design standards and layout concepts exceeding the CITY's standards for residential development, and the village-center concept. 4.1.2 Schools. The provision of a site for a new elementary school and the construction of such school on an "up front" basis to assist the local school district in meeting current area needs as well as creating adequate capacity for future needs. 4.1.3 Parks and Recreation. The public parks and other recreational facilities to be dedicated and/or constructed as provided for in this Section 4 satisfy the CITYs requ'rements for open space and parks, and contribute to meeting the need for open space and parks in the area, including, without limitation, the 16.5 acre Community Park, and Winchester Creek Park. 4.1.4 Other Project Benefits. In addition to the above benefits, the Project will provide those benefits identified in Attachment 2 hereof. 4.2 Development Fees. 4.2.1 Fee Rates. The CITY hereby agrees that neither the Property OWNER or Merchant Builder, nor except as provided hereunder the Development shall be subject to any new or revised fees or charges, including, without limitation, Development Impact Fees, that the CITY may enact, adopt, or impose on or after the 20 Agreement Date. 4.2.2 Processing and Application Fees. OWNER shall pay the application and processing fees customarily imposed on the type of entitlement sought at the rate, and in the amount, imposed by CITY pursuant to the fee schedule, resolution or ordinance applicable to all projects in the CITY and in effect at the time the application is deemed complete and accepted by CITY for action. 4.2.3 Fees for the Lennar Property. Except as expressly modified in this Agreement, the presently adopted Development Impact Fees as charged by the CITY on the Agreement Date shall be imposed upon Lennar Development at the rate in effect as of the Agreement Date. The Development Impact Fees imposed on the Lennar Development are not subject to upward adjustment. DiF payments shall be made at the time of the issuance of building permits. 4.2.3.1 TUMF Fees for the Lennar Property. The CITY and Lennar acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Lennar agree that the Lennar Property's obligations under TUMF shall be deemed satisfied through: (i) Lennar's or the Lennar Property's participation in and payment of special taxes under Community Facilities District 98-1 or subsequent district formed pursuant to Section 4.4; (ii) any futura special taxes paid by Lennar or the Lennar Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all Off-Site Public Infrastructure Improvements and other infrastructure improvements to be and which actually are constructed and financed by Lennar under this Agreement and accepted by CITY; and (iv) Lennar's dedication to the CITY and/or a district such rights of way as may be required for Public Infrastructure Improvements and other infrastructure improvements. 4.2.3,2 Fire Protection Facilities Fee for the Lennar Property. Upon the issuance of a building permit for a dwelling unit or commercial structure within the Lennar Development, the Lennar Development shall pay the Fire Protection Facilities Component of the DIF at the rate specified for that building permit in the DIF Ordinance in effect on the Effective Date. Lennar agrees to pay to the CITY an additional Fire Protection Facility fee of One Hundred Fifty Thousand Dollars ($150,000) prior to the issuance of the first (1=) residential building permit for a dwelling unit. CITY agrees to dedicate this additional fee to Fire Protection Facilities and equipment that service the Lennar Development. 4.2.3,3 Credit for Other Development Impact Fees for the Lennar Property. CITY shall, as Building Permits are obtained by Lennar credit Lennar for the following DIF components and consider the Lennar Development's 21 obligation with respect to those DIF components to be paid in full. 4,2.3.3.1 Park and Recreation Fee Component. CITY acknowledges that Lennar will construct or finance, park and recreation improvements at a cost that meets Development obligation of the Lennar Development's obligation with respect to Park and Recreation Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Park and Recreation Fee Component of the DIF shall be credited to Lennar upon CITY's acceptance of the park and recreation improvements Lennar is required to design, construct and deliver to CITY. Notwithstanding the foregoing Lennar is not required to pay this component of the DIF unless and until the CITY determines Lennar is in default as to its obligation to design, construct and deliver the required park and recreation improvements pursuant to this Agreement. 4.2.3.3.2 Street Improvement Fee Component. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, street improvements at a cost in excess of the Lennar Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Street Improvement Component of the DIF shall be credited to Lennar upon CITY's acceptance of the On-Site and Off-Site Improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing Lennar shall not be required to pay this component of the DIF unless and until the CITY determines Lennar is in default as to the obligation to complete to On-Site and Off-Site Improvements pursuant to this Agreement. 4.2.3.3.3 Traffic Signal Fee Components. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, traffic signal related improvements in an amount in excess of the Lennar Development's obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Traffic Signal Component of the DIF shall be credited to Lennar upon CITY's acceptance of the subject improvements. Notwithstanding the foregoing Lennar is not required to pay this component of the DIF unless and until the CITY determines Lennar is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. 4.2.4 Fees for the Winchester Property. Winchester shall, upon delivery to CITY of the Grant Deed attached as Attachment 9 and as referenced in Section 4.3.3.2, shall receive the following credits for the Development Impact Fees described below, in the amounts specified. 22 Component Street System Improvements Type of Land Use Credit Office 100% Retail Commercial 100% Service Commercial 100% Business Park/Industrial 100% Traffic Signals and Office 100% Traffic Control Retail Commercial 100% Systems Service Commercial 100% Business Park/Industrial 100% TUMF 100% Winchester shall be obligated, at the time of obtaining building permits for any Development on the Winchester Property, to pay the Development Impact Fee, and in the amounts, set forth hereunder: Component corporate Facilities Type of Land Use Proposed Maximum Fees Office 0.102 Retail Commercial 0.252 Service Commercial 0.140 Business Park/Industrial 0.085 Fire Protection Office 0.267 Facilities Retail Commercial 0.048 Service Commercial 0.038 Business Park/Industrial 0.033 4.2.4.1 TUMF Fees for the Winchester Property. The CITY and Winchester acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Winchester agree that the Winchester Preperty's obligations under TUMF shall be deemed satisfied through: (i) Winchester's or the Winchester Property's participation in and payment of special taxes under Community Facilities District 98-1 er subsequent district formed pursuant to Section 4.4; (ii) any future special taxes paid by Winchester or the Winchester Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all Off-Site Public Infrastructure Improvements and other infrastructure improvements to be constructed or financed by 23 Winchester under this Agreement and which are accepted by CITY; and (iv) Winchester's dedication to the CITY and/or a district such rights of way as may be required for Public Infrastructure Improvements and other infrastructure improvements. 4.2.4.2 Development Impact Fees for the Winchester Property. Except for those Development Impact Fees credits described hereunder, upon the issuance of a building permit for a dwelling unit or commercial structure within the Winchester Development, the Winchester Development shall pay the applicable DIF. 4.2.4.3 Credit for Other Development Impact Fees for the Winchester Property. CITY shall, upon the Effective Date, credit Winchester for the following DIF components and consider the Winchester Development's obligation with respect to those DIF components to be paid in full. 4.2.4.3.1 Street Improvement Fee Component. CITY acknowledges that street improvements have been or will be constructed or financed at a cost in excess of the Winchester Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Winchester Development's obligation with respect to the Street Improvement Component of the DIF shall be credited to Winchester upon CITY's acceptance of the subject improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing, Winchester is not required to pay this component of the DIF unless and until CITY determines Winchester is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. 4.2.4.3.2 Traffic Signal Fee Components. CITY acknowledges that traffic signal related improvements have been or will be constructed or financed in an amount in excess of the Winchester Development's obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Winchester Development's obligation with respect to the Traffic Signal Component of the DIF shall be credited to Winchester upon CITY's acceptance of the subject improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing, Winchester is not required to pay this component of the DIF unless and untiJ CITY determines Winchester is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. 4.3 Related Real Property Conveyances; Conditions to Development .Agreement. 24 4.3.1 Intent of the Parties. The CiTY and OWNER agree that the entitlements, vesting and other rights that will allow OWNER to develop the Project in accordance with the Development Plan Approval(s), along with the timely completion and performance of the real estate transactions and the related agreements described hereafter are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and the CITY, individually and collectively, represent that neither party would have entered into this Agreement but for these commitments. Termination of this Agreement terminates the obligation of the applicable party to perform with respect to those items discussed in Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.11, 4.12, 4.13 and 4.14 and the applicable party shall only be required to perform the obligations set forth in the other Development Plan Approval(s). 4.3.2 Community Park. Lennar has agreed to dedicate, design and construct a 16.5 acre community park in the approximate location depicted in the Specific Plan ("Community Park"). The following describes Lennar's and the CITY's rights and obligations with respect to the Community Park. 4.3.2.1 All real property shall be conveyed as provided for in Section 4.3.6. Lennar shall demonstrate the condition of title pursuant to a CLTA title insurance policies, in amount equaJ to the fair market value of the land. 4.3.2.2 Prior to the issuance of the first building permit in Phase I1, as such phase is identified in the Specific Plan, Lennar agrees to construct, complete the 90-day maintenance period to the satisfaction of the Director of Community Services and dedicate fee title to the Community Park. Upon acceptance of the fee title by the City Council, building permits may be issued for Phase II as long as other conditions or requirements have been met. 4.3.2.3 Lennar shall work with the CITY to design the Community Park site to the reasonable satisfaction of the Director of Community Services and consistent with the requirements of Section 6.0 of the Specific Plan. in summary, the Community Park will generally be improved with two (2) full sized soccer fields, two (2) full sized softball fields, appropriate athletic field lighting, a restroom/snack bar facility consisting of separate male and female facilities, and a snack bar facility of 1800 square feet containing utility hookups, age appropriate play structures, concrete walking paths and parking improvements. The CITY's present cost estimate for the design and construction of the improvements for the park site is $2,500,000.00. The park Development Impact Fee credit allocated to Lennar under this Agreement for the design and construct, and the park is $2,500,000.00. Lennar shall provide verification to the CITY of actual design and construction cost. Any and all Community Park design and construction cost in excess of $2,500,000.00 shall be the sole responsibility of Lennar. 4.3.2.4 CITY and Lennar agree to cooperate on the design of 25 the Community Park. Conceptual plans for the Community Park are incorporated into the Specific Plan. Lennar shall prepare schematic plans for the Community Park and submit the same for review and approval by the CITY. Following approval of the schematic plans, the Lennar shall prepare construction plans and submit the same for review and approval by the CITY. 4.3.2.5 Notwithstanding anything to the contrary herein, CITY must continue to issue building and occupancy permits for dwelling units within the Lennar Development even if the total number of building permits exceeds the threshold established in Section 4.3.2.2 if an event described in Sections 9.3 or 9.4 occurs, including, without limitation, the failure to determine the final and permanent alignment of Ynez Road, and Lennar and CITY determine in their reasonable discretion that the event will cause, or has caused, Lennar to not be able to substantially complete the Community Park improvements (including the 90 day maintenance period) within the time frame provided for in Section 4.3.2.2. 4.3.3 Conveyance of Right of Way for Interchange Improvements. In consideration of the CITY's performance pursuant to the terms of this Agreement, and compliance with the terms of this Section 4.3.3, CITY and Winchester agree to the following with respect to the conveyance of a portion of the Winchester Property to the CITY. 4.3.3.1 Following the Effective Date, the CITY and OWNER agree to work in good faith to identify that portion of the Winchester Property that will likely be necessary for the Interchange Improvements. The portion of Winchester Proper/y that Winchester shall convey ("Interchange Improvement Area") shall be: 4.3.3.1.1 no larger than the minimum amount of the Winchester Property required for the Interchange Improvements and which is estimated to be ten (10) gross acres and in no event shall be in excess of 20 gross acres of the Winchester Property; 4.3.3.1.2 located along the western edge of the Winchester Property abutting I-15; 4.3.3.1.3 consistent with (i) the approved plans for the Interchange Improvements, to the extent they exist; or (ii) the Project Study Report. 4.3.3.2 No later than January 1, 2003, Winchester shall convey, and the CITY shall accept merchantible fee title free and clear of all liens of record to the Interchange improvement Area as specifically identified by CITY. The grant deed conveying the Interchange Improvement Area to the CITY shall be in form attached hereto as Attachment 9. Notwithstanding anything to the contrary in this Agreement in 26 the event the grant deed is not conveyed consistent with this Agreement OWNER, and each of them, shall be in default under this Agreement. 4.3.3.2.1 In the event CITY, as a result of the Project Study Report, determines some or all of the conveyed Interchange Improvement Area is not necessary for Interchange Improvements, CITY may, in its discretion retain the conveyed land for use for City supported circulation purposes or City may dispose of the land, in whole or part, by sale upon terms and conditions City deems reasonable and prudent, and in furtherance of the City's general health, safety and welfare. The CITY agrees that the proceeds derived from a sale shall be used exclusively for transportation improvements directly benefitting in the City's opinion, the Winchester Property. 4.3.3.2.2 CITY agrees that it shall not sell or otherwise dispose of more than ten (10) acres of the real property deeded to it by Winchester. CITY shall concurrent with the disposition of the ten (10) acre parcel it is conveying through the sale, deed to Winchester the remainder of the land previously granted to CITY by Winchester pursuant to Section 4.3.3. 4.3.4 Development Affected by the Interchange Improvements. In further consideration of the CITY's per[ormance pursuant to the terms of this Agreement, OWNER and CITY agree to the following: 4.3.4.'1 OWNER agrees to develop and CITY agrees to consider in good faith, subject to normal review and approval processes, an Alignment and Grade Plan identifying the location of any Connecting Arterials as soon as reasonably possible. The Connecting Arterials Plan shall be consistent with the Interchange Improvement Area. In developing and considering the Connecting Arterials Plan, and participating in the approvals for the Interchange Improvements with Caltrans and others, the Parties shall use their best efforts to minimize the impact of the Interchange Improvements on the Project. 4.3.4.2 Prior to the earlier of the (i) the conveyance of the Intemhange Improvement Area and the CITY's approval of the Connecting Arterials Plan; or (ii) January 1, 2003, and except as provided for in this Section, OWNER and CITY agree that OWNER will not construct permanent improvements within the area depicted on Attachment 11 ("Limited Development Area"). As regards the Limited Development Area, the CITY, pursuant to the direction of the City Engineer may revise Attachment 11 as to any geographic area in which OWNER has not commenced construction of any improvements. The CITY shall not unreasonably withhold or condition any Future Development Approvals for areas outside the Limited Development Area based upon the Interchange Improvements and/or the CITY's approval of the Connecting Arterial Plan. Within the Limited Development Area, and notwithstanding anything to the contrary herein, the CITY shall approve and OWNER 27 shall be entitled to: 4.3.4.2.1 at OWNER's sole cost and expense and subject to CITY plan check and customary permitting and development standards, perform grading work and construct temporary improvements, including, without limitations, roads that may be opened for use by the public so long as the same are removed in the manner and timeframes the CITY may require in furtherance of the Interchange Improvements and the Connecting Arterials; 4.3.4.2.2 construct permanent improvements, provided OWNER agrees to relocate the permanent improvements, if necessary, at its sole cost and expense, to conform to the approvals attendant to the Interchange Improvements and the Connecting Arterials Plan. 4.3.4.3 From and after the release of the restrictions imposed on the Limited Development Area on January 1, 2003, OWNER shall have the vested right to Develop the Limited Development Area and the CITY shall process Future Development Approvals in accordance with the following: (i) if Caltrans approved the Project Study Report, the Intemhange Improvements and Connecting Arterials shall be consistent with the Project Study Report and OWNER shall have the vested right to Develop the Limited Development Area in accordance with the Development Plan Approval(s) in all other respects and the CITY shall process Future Development Approvals consistent with the geographic parameters established within the Project Study Report; (ii) if Caltrans has not approved the Project Study Report, but the CITY has approved the Connecting Arterials Plan in accordance with this Agreement, the Interchange Improvements shall be consistent with the Connecting Arterial Plan and OWNER shall have the vested right to Develop the Limited Development Area in accordance with the Development Plan Approval(s) in all other respects and the CITY shall process Future Development Approvals consistent with the same; or (iii) if Caltrans has not approved the Project Study Report, and the CITY has rejected on grounds other than generally accepted engineering practice, the Connecting Arterials Plan, OWNER shall have the vested right to Develop the Limited Development Area and the CITY shall process Futura Development Approvals, in accordance with the Development Plan Approval(s) and consistent with the alignment for Date Street and Ynez Avenue depicted in CITY's General Plan without regard for the location of any Interchange Improvements, the Complete Interchange Project or the Connecting Arterials Plans. 4.3,4.4 Provided the location of the Connecting Arterials is identified in a manner consistent with this Section, any modification to the Specific Plan required to identify the location of the Connecting Aderials may be approved by the 28 City Manager, or his designee, without the necessity of a public hearing. CITY and OWNER shall cooperate in the preparation of necessary figures, text and maps to document such a change. 4.3.5 Quimby Credits. The CITY's Subdivision Ordinance parkland dedication requirements ("Quimby Act"), would require the Lennar Development to dedicate 26.75 acres. Because the Winchester Development includes only commercial uses, the Winchester Development does not have a Quimby Act obligation. Upon Lennar's and Winchester's performance under this Agreement pursuant to its terms and the provision of the recreational areas identified in the Specific Plan, CITY agrees that the OWNER will have satisfied the Development's 26.75 acre obligation under the Quimby Act and that CITY shall not exact any additional Quimby Act dedications or contributions from the Development. 4.3.6 Liens, Encumbrances and Environmental Conditions. All real property dedicated to the CITY pursuant to this Agreement shall be free and clear of any and all matters of record that the CITY objects to in its sole discretion, including but not limited to matters which require the direct payment of money (excluding all non- delinquent taxes and assessments), including but not limited to, deeds of trust and mechanic liens. The real property shall also be dedicated free of other encumbrances of record that would prevent the CITY from using such dedicated facility for its intended use as identified herein or as reasonably inferred as relating. Further the real property shall be warranted, to the best of OWNER's actual knowledge, to be free of any known environmental conditions that would prevent the real property from being used as intended by the CITY. OWNER shall provide the CITY copies of all reports, investigations and analysis that discuss the environmental condition of the real property. 4.4 Public FinancinR. In consideration for OWNER's commitments under this Agreement to provide certain Off-Site Improvements the CITY agrees to use best efforts to cause to be completed the Public Financing in accordance with the general terms and conditions contained in the Public Facilities Finance Plan such that at the closing and issuance of bonds pursuant thereto there will be deposited in an improvement accounts and made available to OWNER for reimbursement of costs incurred in the acquisition, construction and delivery of public facilities to the CITY, a total deposit of the "Funding Amount" (as defined in the Public Facilities Finance Plan). Notwithstanding anything to the contrary herein this Agreement, OWNER's obligations to commence and complete the Off-Site Improvements shall be conditions precedents to the issuance of permits of any type or nature, including but not limited to building permits for Development or 29 improvements on the Property. 4.5 Development A.qreement Fe~, A routine term negotiated by CITY as consideration for entering into a development agreement, is a fee of One Thousand Five Hundred Dollars ($1,500) per dwelling unit and Three Dollars ($3.00) square foot for commercial development. The CITY agrees that the OWNER and the Project will not have to pay a development agreement fee of any kind. in lieu of paying this fee, the Project has provided benefits to the CITY, including, but not limited to those items identified in Attachment 2. Further, OWNER has agreed to pay other fees, beyond those normally paid as a condition of developing with the CITY, as identified in this Agreement. In the event the benefits the CITY is accepting in exchange for the waiver of the Development Agreement Fee are not constructed as contemplated by the Parties as described in this Agreement, OWNER shall pay to CITY the Development Agreement Fee in the amounts set forth herein. 4.6 Public Art, Open Space and Habitat Preservation. In consideration of CITY's performance pursuant to the terms of this Agreement, Lennar agrees to pay a fee of Two Hundred Dollars ($200) per dwelling unit which the CITY agrees to use for public art, open space and habitat preservation programs. The fee will be paid upon the issuance of a building permit for a dwelling unit. The CITY agrees to use all proceeds of the fee it designates as being the public art component' of the fee paid pursuant to this Section on projects located within the Lennar Property. The CITY shall consult with, but shall not be bound by the response of, the Lennar or its designee on the use of the fees collected for public art. CITY agrees that a public art, open space and habitat preservation fee will not be imposed against the commercial components of the Project. 4.7 Smart Shuttle Pro_~rarn. Lennar agrees to participate with the Riverside Transportation Authority (RTA) to further that Agency's Smart Shuttle Program by the lease, for use within the "Smart Shuttle" program, of three (3) shuttles for a period of not more than two (2) years ("Shuttle Lease") within sixty (60) days of the later of the date: (i)the "Smart Shuttle" program is operational and the CITY notifies Lennar in writing of the same; and (ii) one hundred and twenty (120) days after the Effective Date. If within sixty (60) days of the Effective Date, RTA submits written evidence to Lennar that the use of alternative fuels is feasible, Lennar agrees to use its best efforts to lease shuttles that rely on alternative fuels such as compressed natural gas. Lennar's obligation under this Section 4.7 shall terminate unless the "Smart Shuttle" program is operational within two (2) years of the first certificate of occupancy issued within the Specific Plan Properly. Lennar shall.also have the right to terminate the Shuttle Lease, and all of Lennar's obligations under this Section 4.7, if RTA ceases to operate the "Smart Shuttle" program for a period of thirty (30) days or more. The shuttles are to be used by the RTA in the RTA's "Smart Shuttle" Program. Upon entry into the Shuttle Lease, Lennar will assign to RTA all of Lennar's rights, title, interest and obligations under the Shuttle Lease, except that Lennar shall retain the obligation to make the monthly lease payments. The CITY acknowledges and agrees that the Lennar's entire 30 obligation with respect to the Shuttle Lease and the "Smart Shuttle" Program is limited to the monthly lease payments, including insurance, under the Shuttle Lease, which payments shall not exceed Three Hundred Thousand Dollars ($300,000) in the aggregate. 4.8 Transfer of Credits. CITY acknowledges and agrees that any credits described herein that are not used by Lennar for the Development are the personal property of Lennar and may be transferred or assigned for use as credit against DIF obligations imposed as a condition of the development of the Property by others. 4.9 Public Use of Private Park Facilities. Lennar is proposing to install a lake, lake park and other privately owned park facilities within the Lennar Development for the benefit of the residents of the Lennar Development. Except as expressly provided for in this Section, the public shall not have the right to use the lake or any of the privately owned recreation facilities. Notwithstanding anything to the contrary OWNER may adopt reasonable rules and regulations regarding the public's use of the Lake Park. 4.10 Advancinq of Infrastructure Improvement~ 4.'10.1 Agreement to Advance OWNER in consideration for CITY's performance pursuant to the terms of this Agreement, including, without limitation, the public financing required by Section 4.4, OWNER has agreed to fund more than its fair share, and construct Jn advance of when required by the Project EIR, certain infrastructure improvements more particularly described in Attachments 2, 5, and 12. CITY considers these additional improvements to be the primary consideration, together with the Interchange Improvements supporting its decision to enter into this Agreement and, but for these Improvements, would not have entered into this Development Agreement. 4.10.2 OWNER's Improvement Obliqat OhS; CITY initiated improvement reallocation. CITY and OWNER acknowledge that the scope and timing of On-Site, Off-Site and non-Project related traffic and circulation improvements is subject to an unpredictable need for adjustment. Adjustments can be caused by funding availability, actual demand, good engineering practices or needs responding to the general health, safety and welfare of the CITY and its residents. OWNER desires to authorize CITY to adjust the provision by OWNER of the infrastructure improvements in respect to the manner, time and nature of the same that will result in the greatest benefits to the CITY and both its present and future residents. In furtherance of this intent, CiTY is hereby authorized to adjust and reallocate, in its reasonable discretion, the OWNER's present obligations to other circulation-related improvements, including, 31 but not limited to, the Interchange Improvements. The CITY's ability to cause the reallo.cation of circulation construction or financing obligations is subject to the CITY first ensunng that the deferred infrastructure improvements will be funded by CITY and completed or cause to be completed by CITY in conformance with the Project EIR. In no instance shall the aggregate cost of the reallocated improvements exceed One Million Dollars ($1,000,000.00) unless otherwise agreed to by the Parties. $. Indemnification. Except to the extent of the active negligence or willful misconduct of the Indemnified Parties (as defined below), Lennar, with respect to the portion of the Lennar Property owned by Lennar, Winchester, with respect to the portion of the Winchester Property owned by Winchester, and the Development Transferee, with respect to the portion of the Property transferred to that Development Transferee, agree that during the Term of this Agreement, to defend the CITY and its agents, officers, contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement. Lennar, Winchester and Development Transferee may be individually referred to herein as "Indemnifying Party" and collectively as "Indemnifying Parties". Each Indemnifying Party shall retain settlement authority with respect to any matter concerning that Indemnifying Party provided that prior to settling any such lawsuit or claim with respect to that Indemnifying Party, the Indemnifying Party shall provide the CITY and the other Indemnifying Parties with a minimum ten (10) business days written notice of its intent to settle such lawsuit or claim. If the CITY or the other Indemnifying Parties, in their reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the applicable Indemnifying Party of the same, in which event the applicable Indemnifying Party may still elect to settle the lawsuit or claim as to itself, but the non-settling parties may elect to continue such lawsuit, at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is predicated upon a legitimate and articulated threat to either the exercise of its police powers or a risk of harm to those present within the CITY; or (ii) with respect to the other Indemnifying Parties, the decision is predicated upon a legitimate and articulated threat to the Development of that Indemnifying Party's property. 6. Relationshi of Parties. OWNER is not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained in this Agreement or in any document executed in connection with the Project shall be construed as making the CITY and OWNER joint ventures or partners. 7. .Periodic Review of Compliance with A,qreement 7.1 Periodic Review. The CITY and OWNER shall review this Agreement once every 12-month period from the Effective Date until the Agreement terminates. 32 The CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. 7.2 Good Faith Compliance During each periodic review, OWNER shall be required to demonstrate good faith compliance with all material terms of this Agreement. The parties recognize that this Agreement and the documents incorporated herein could be deemed to contain hundreds of requirements and that evidence of each and every requirement would be a wasteful exercise of the parties' resources. Accordingly, OWNER shall be deemed to have satisfied its good faith compliance when it presents evidence of substantial compliance with the material provisions of this Agreement. Generalized evidence or statements of compliance shall be accepted in the absence of any evidence that such evidence is untrue. 7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not constitute, or be asserted by OWNER or CITY as a breach of this Agreement. 7.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to OWNER, The Notice must describe in detail the specific issues which caused the CITY to question OWNER'S good faith compliance and the evidence the CITY believes is necessary for the review. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Agreement and such review and determination shall proceed in the same manner as provided for the annual review. The City Council shall initiate its review pursuant to this Section 7,4 only if it has probable cause to believe the CITY's general health, safety or welfare is at risk as a result of specific acts or failures to act by OWNER in violation of this Agreement. 7.5 Administration of Aqreement Any final decision by the CITY staff concerning the interpretation and administration of this Agreement and Development of the Property in accordance herewith may be appealed by OWNER first to the Planning Commission and thereafter to the City Council, provided that any such appeal shall be filed with the City Clerk within thirty (30) days after OWNER receives written notice that the staff decision is final all as pursuant to routine planning appeal procedures. The City Council shall render, at a noticed public hearing, its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 7.6 Availability of Documents. If requested and reimbursed for all costs, by OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or other items reviewed, accumulated or prepared by or for the CITY in connection with any periodic compliance review by the CITY, provided OWNER reimburses the CITY for all reasonable and direct costs and fees incurred by the CITY in copying the same. The 33 CITY shall respond to OWNER's request on or before ten (10) business days have elapsed from the CITY's receipt of such request. 8. Events of Default: Remedies and Termination. Unless amended as provided in Section 3.5, or modified or suspended pursuant to Government Code Section 65669.5 or terminated pursuant to this Section 8, this Agreement is enforceable by any party hereto. 8.1 Defaults b O~. If, after following the procedures established in Section 7 here~, t"~--e CiTY determines on the basis of a preponderance of the evidence that Lennar or Winchester has not complied in good faith with the material terms and conditions of this Agreement, the CITY shall, by written notice to Lennar or Winchester specify the manner in which the allegedly defaulting party has failed to so comply and state the steps the allegedly defaulting party must take to bring itself into compliance. If, within thirty (30) days after the effective date of notice from the CITY specifying the manner in which the allegedly defaulting party has failed to so comply, the allegedly defaulting party does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then the allegedly defaulting party shall be deemed to be in default under the terms of this Agreement and the CITY may terminate this Agreement with respect solely to the allegedly defaulting party's property pursuant to Government Code Section 65865.1 or may seek specific performance as set forth in Section 8.3. 8.2 Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that the CiTY has not complied in good faith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has failed to so comply and state the steps the CITY must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from OWNER specifying the manner in which the CITY has failed to so comply, the CITY does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the CITY shall be deemed to be in default under the terms of this Agreement and OWNER may terminate this Agreement and, in addition, may pursue any other remedy available at law or equity, including specific performance as set forth in Section 8.3. 8.3 Spec f c Performance Remedy. Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. CiTY and OWNER has already invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it may not be possible to determine the sum of money which would adequately compensate OWNER for such efforts. For the above reasons, the CITY and OWNER agree that damages may not be an adequate remedy if the CITY or OWNER fails to carry out its obligations under this Agreement and that CITY or OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Notwithstanding the foregoing, if the CITY is authorized by Section 8.4.1 to withhold an approval or permit upon a specified condition being satisfied by Lennar or Winchester in the future, and if Lennar or Winchester then fails to satisfy such condition, the CITY may be entitled to specific performance for the sole purpose of causing that nonperforming party, and only that nonperforming party, or any party with an obligation to so perform the condition, to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and the CITY shall have no right to seek specific performance to cause OWNER or a Development Transferee to otherwise proceed with the Development of the Project in any manner, with the express exception of the Off-Site Improvements and the grant of real property for the Interchange Improvements. 8.4 Institution of Leqal Action. Any legal action hereunder shall be heard by a reference from the Riverside County Superior Court pursuant to the reference procedures of the California Code of Civil Procedure Sections 638, et seq. OWNER and the CITY shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before him. If OWNER and the CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 8.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 8.4.1 Effect of Noncompliance. Notwithstanding the foregoing, to the extent the Development Plan Approval(s) expressly provide(s) that Development of the Project or a portion thereof is directly dependent upon the performance of material obligations assumed by OWNER or a Development Transferee, which material obligations have not been performed, the CITY may, in its reasonable discretion, withhold any approvals, including, without limitation, certificates of occupancy, with respect to those directly dependent portions of the Project from OWNER and/or Development Transferee until such obligations have been substantially performed. CITY agrees that CITY will not withhold approvals if the OWNER or the Development Transferee provides security for the performance of any of the obligations. 8.4.1.1 Non Compliance by Lennar. Non compliance by Lennar with respect to any material term and condition of this Agreement assumed by Lennar shall entitle CITY to pursue any and all of its rights under this Agreement 35 against Lennar. Such noncompliance by Lennar shall be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, and constitute cause for CITY to initiate enforcement action against and/or withhold any approvals from Development Transferee, Winchester or other persons then owning or holding interest in the Property or any portion of the Property, regardless of ownership. 8.4.1.2 Non Compliance by Winchester. Non compliance by Winchester with respect to any material term and condition of this Agreement assumed by Winchester shall entitle CITY to pursue any and all of its rights under this Agreement against Winchester, and such noncompliance by Winchester shall be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, and constitute cause for CITY to initiate enforcement action against and/or withhold any approvals from Development Transferee, Lennar or other persons then owning or holding interest in the Property or any portion of the Property, regardless of ownership. 8.5 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or member of a private party may sign on behalf of that party. An Estoppel Certificate is intended to be relied on by assignees and mortgagees. If that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. The Estoppel Certificate shall address issues such as whether: 8.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. 8.5.2 The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. 8.5.3 A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. 9. Waivers and Delays. 9.1 No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 36 9.2 Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Sections 9.3 or 9,4. 9.3 Force Maieure. A party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond that party's control, action or inaction by the CITY, which actions or inactions are breaches of any term of this Agreement, other governmental bodies or public utilities other than those related to the normal and customary processing of Future Development Approvals or any modifications to the Development Plan Approval(s), judicial decisions, litigation regarding the Development Plan Approval(s) or Future Development Approvals or other similar events. To the extent applicable to the Project and Property pursuant to Section 3.4 hereof, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda or moratoria (including, without limitation, any "development moratorium" as that term ~s applied in Government Code Section 66452.6) constitute force majeure events. 9.4 Extensions. The Term of this Agreement and the time for performance by a party of any of its obligations hereunder or pursuant to the other Development Plan Approval(s) shall be extended by the actual period of time that any of the events described in Section 9.3 exist and/or prevent performance of such obligations. Notwithstanding anything to the contrary herein, the performance by CITY of its obligations shall not be delayed or extended by the action or inaction of the CITY. 9.5 Notice of Delay. OWNER shall give immediate notice to the CITY of any delay which OWNER anticipates or believes to have occurred as a result of the occurrence of any of the events described in Sections 9.3 or 9.4. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or ten (10) days before the end of the Term (unless the cause of the delay arises during that time), whichever comes first. 10. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, return receipt requested or by Federal Express or other similar nationwide overnight delivery service.. Notices required to be given to the CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Attention: Planning Director With a copy to: 37 Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, CA 90071-1469 Attention: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Lennar Lennar Communities 24800 Chrisanta Drive Mission Viejo, CA 92691 Attention: William Storm With a copy to: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attention: Craig K. Beam, Esq. Winchester Winchester Hills I LLC P.O. Box 261109 San Diego, CA 92196-1109 Attention: Stephen A. Bieri With a copy to: Hecht, Solberg, Robinson & Goldberg, LLP 600 West Broadway, 8~h Floor San Diego, CA 92101 Attention: Richard A. Schulman and Paul E. Robinson Any notice given as required by Section 10 shall be deemed given only if in writing and 38 upon delivery as provided for in this Section 10. A party may change its address for notices by giving notice in writing to the other party as required by this Section 10 and thereafter notices shall be addressed and transmitted to the new address. 11. Attorneys' Fees. If legal action is brought by any party against another for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 8.4 above as an item of damage and/or recoverable costs. 12. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 13. Effect of AR reement on Title. 13.1 Effect on Title. OWNER and the CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated or released. 13.2 Encumbrances and Lenders' Rights. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to CITY, be entitled to receive from CITY written notification of any default by OWNER of the performance of OWNER's obligations under the Agreement which has not been cured within the time frame established in Section 8.1 hereof. 13.2.1 Notwithstanding OWNER's default, this Agreement shall not be terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given and to which either or the following is true: (i) the mortgagee or beneficiary cures any default by OWNER involving the payment of money within ninety (90) days after receipt from CITY of the written notice of default; (ii) as to defaults requiring title or possession of the Property or any portion thereof to effectuate a cure: (i)the mortgagee/beneficiary agrees in writing, within ninety (90) days after receipt from CITY of the written notice of default, to perform the proportionate share of OWNER's obligations under this Agreement allocable to that part of the Property in which the mortgagee/beneficiary has an interest conditioned upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii)the mortgagee/beneficiary commences foreclosure proceedings to reaoquire title to the Property or applicable portion thereof within said ninety (90) days 39 and thereafter diligently pursues such foreclosure to completion, and (iii)the mortgagee/beneficiary promptly and diligently commences to cure such Default after obtaining title or possession. 15.2.2 Notwithstanding Section 13.2.1 of this Agreement, if any mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings including by any process of injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this Agreement for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 13,2.3Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any existing or future mortgage or deed of trust on the Property made in good faith and for value. 14. Severability of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for either Party the Agreement as a whole. If the tribunal finds that the invalidity was a material part of the consideration, this Agreement will terminate unless CITY and OWNER agree to amend this Agreement as provided for herein. Upon a termination arising from the application of this Section 14, each Party agrees the Specific Plan shall suspend as to all unpermitted development activity pending the CITY's determination regarding repeal or modification of the same. 15. Subsequent Amendment to Authorizinq Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.2.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement. 16. Rules of Construction and Miscellaneous Terms, 16.1 Interpretation and Governinq Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and 4o governmental functions of the CITY1 and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the CiTY's governmental powers over the Property or any decision arising from the Agreement, directly or indirectly. 16.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 16.3 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 16.4 No Joint and Several Liability. No breach hereof by Lennar, Winchester or Development Transferee shall constitute a breach by the non breaching party. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify the CITY, arising by reason of such breach shall be applicable solely to the party that committed the breach. However, the CITY shall send a copy of any notice of violation to all OWNERS and Development Transferee, including those not in breach. 16.5 Covenant of Good Faith and Fair Dealing. No party shall do anything which shall have the intentional effect of harming or injuring the right of the other parties to receive the benefits provided for in this Agreement; each party shall refrain from doing anything intentionally which would render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement. 16.6 No Waiver of Vesting.. Nothing in this Agreement shall be construed as limiting or impairing any vested rights to proceed with the Development or use of the Property arising independently from entitlements, including those approved for the Project, issued by the CITY or others prior to, concurrently with, or subsequent to the approval of this Agreement, Federal and State Constitutions, statutes, or decisional law. 16.7 .Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 16.6 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 16.9 Entire Aqreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 17. Extension of Maps. In accordance with Government Code Section 66452.6(a), any tentative map which relates to all or a portion of the Property shall be extended for 41 the greater of (i)the Term of the Agreement or (ii)expiration of the tentative map pursuant to Section 66452.6. 18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section 2.5 and shall not be construed to benefit or be enforceable by any third party. 19. Attachments. The following attachments are hereby incorporated by reference as if fully set out in the body of this Agreement. Attachments Description 1-A 1-B 1-C 2 3 4 5 6 7 8 9 10 11 Legal Description of the Lennar Property Legal Description of the Winchester Property Legal Description of the Property Benefits of the Project Project Actions and Approvals Existing Regulations Public Infrastructure Intentionally Omitted Public Finance Plan Vested Rights interchange Area Development Agreement Obligations Circulation Improvement 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ,2001 "CITY" CITY OF TEMECULA, corporation a municipal By: Name: Title: Mayor ATTEST: City Clerk 42 APPROVED AS TO FORM: City Attorney Dated: ,2001 "OWNER" ,a By: Name: Title: 43 State of California ) ) ss County of Riverside ) On before me, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary State of California ) ) ss County of Riverside ) On before me, , personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary Definitions General Provisions 2.1 Binding Covenants 2.2 Interest of OWNER 2.3 Term~ 2.4 Termination, 2.5 Transfers and Assignments! Development Provisions 3.1 Vesting 3.2 Reserved Authority~ 3,3 Further Assurances to OWNER Regarding Exercise of Reserved Authority' 3.4 Consistent and Inconsistent Enactments 3,5 Amendment of Development Agreement' 3.6 Future Amendments to Development Plan Approval(s) 3.7 Future Development Approvals' Obligations of the Parties 4.1 Benefits to CITY' 4.2 Development Feesl 4.3 Related Real Property Conveyances; Conditions to Development Agreement', 4.4 4.5 4.6 4.7 4.8 4.9 Plan: 4.10 4.11 4.12 4.13 Public Financin,c Development Agreement Fee Public Art, Open Space and Habitat Preservation: Smart Shuttle Program: Transfer of Credits Improvements Not Completed in Accordance With the Phasing Maintenance Issues Landscaped Cul-De-Sacs: Public Use of Private Park Facilities, Advancing of Infrastructure Improvements Indemnification: Relationship of Parties Periodic Review of Compliance with Agreemenl 7.1 Periodic Revie~ 10. 11. 12. 13. 14. 15. 16. 7.2 Good Faith Compliance: 7.3 Failure to Conduct Annual Review: 7.4 Initiation of Review by City Council 7.5 Administration of Agreement 7.6 Availability of Documents; Events of Default: Remedies and Termination; 8.1 Defaults by OWNER 8.2 Defaults by CITY; 8.3 Specific Performance Remedy: 8.4 Institution of Legal Action 8.5 Estoppel Certificates~ Waivers and Delays: 9.1 No Waiver 9.2 Third Parties 9.3 Force Majeure 9.4 Extensions 9.5 Notice of Delay Notices Attorneys' Fees Recording, Effect of Agreement on Title 13.1 Effect on Title, 13.2 Encumbrances and Lenders' Rights, Severabiiity of Terms. Subsequent Amendment to Authorizing Statute Rules of Construction and Miscellaneous Terms, 16.1 interpretation and Governing Law, 16.2 Section Headings, 16.3 Gender 16.4 No Joint and Several Liability. 16.5 Covenant of Good Faith and Fair Dealing 16.6 No Waiver of Vesting 16.7 Time of Essence, 16.8 Recitals 16.9 Entire Agreement, 17. Extension of Maps, 18. Not for Benefit of Third Parties, 19. Attachments. 20. Counterparts. ATTACHMENT "1" (Legal Description of the Property) RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TB.M~CULA, CA 92591 EX[ITH~IT" LEGAL DESCRIPTION LElY'AR PROPERTY lviay 10, 2001 JN' 15100181-M1 Page 1 of $ That certain parcel of land situated in thc City of Temecula, County of Riverside, State of California, being LoB 136, 143, 144, 14S, 161 and 162; together with those ponion~ of Lots 137, 138. 139, 142, 163, 166, 167, a~d 168; together with all steers adjo!,~i,~§ said lots which would pass with the title to said lots, all es shown on a map of the Temecula Laud and Water Company on file in Book 8, Page 359 of Maps, Records of San Diego County, Califoruia; and ~d~o to~ether with a ponion ofParcel 4 of Parcel Map No. 19677 as shown on a map filed iu Book 135, Pages 85 and 86 of Parcel Maps hi the Office of the County Recorder of said Rivem~ide County, described as a whole as follows: BEGINNING at the most westerly comer of said Lot 136, said comer being apoint on the ccnterline of Jackson Avenue; thence along said cenlerlinc through the following courses; South 41°38'09" East 1290.73 feet to the most westerly comer of said Lot 137; thence South 42°14'33" East 1290.79 feet to the most southerly comer of said Lot 137; thence South 41 °52'4?" East 741.98 feet to the bound~y line of'Parcel Map No. 21361 filed in Book 139, Pages 89 and 90 of Parcel Maps in the Office of the County R~orde~ ofasid Riv~ide County; thence leaving said ccnterline, alon§ said boundary line duough the following courses: North 30~07'20" East 55.26 feet to an angle point therein; thence South 59'52'40" East 100.00 feet; thence South 13°39'32" East 33.24 feet m a point on a non-tangent ctu~c concave uonheasterly and having a radius of 811.00 feet, a radial line of said curve from said point bears North 3000?20" East; May 10, 2001 Exhibit 'A" ~ 15100181-MI Lcgal Description Page 2 of 5 Lem~ar Property thence along said curve southeasterly 397.97 feet through a cenlral angle of 28°06'57'' to a point of reverse ctuvaturc with a curve concave sntlthwcsterly and having a radius of 889.00 feet, a radial line of said crave from said point bears South 02000'23" West; thence along said cu~'e sou~easterly 422.79 feet through central a~lc of 27°14'56"; thance tangent from said curve South 60°44'41'' East 39.00 feet; thence South 60°56'17" East 936.88 feet m the most easterly comer ofsaidParcelMap and apoint' in d~ northwesterly linc of thc Senla Gemedis Channel as described in a deed recorded November 8, 1991 as Instrument No, 389573 of Official Records in said Office of the Riverside Cottnty Recorder; dumcc leaving said botmda~ line, along said northwesterly lhle of the Santa (~ert~dis Chalmel North 32°39'01" East 109.75 feet to an angle point in lhe uor&wgsterly ~ of parcel "A" as described in a d~d recorded October 30,1991 as I~m~ncm No. 375618 of Official Records in said Office of thc Riverside Coonly Record~ thence along said northwesterly linc thc Sama G~wadis Channel as described in said Parcel "A' through the following courses: Norda 37o12'02'' llast 1203.85 feet; thence North 21°20'13" Ea~ 133.00 feet to the bg~nnillg o£a mngeut curve concave southeasterly and having a radius of 50.00 fee~; thence along said curve northea-~erly 58,04 f~ through a central angle of 66°30~3'; thence non-tan~nt from said curve South 87°51'25' F. as~ 55.00 feet to a point on a non-tangent curve in thc eeuu~rlme of Margarita Road concave easterly and having a radius of'1200.00 feet, a radial line of said curve from said poin~ bears South 87°5V25' Ea~; thence leaving said northwesterly linc, along said centerlinc through the following con~es: along said curve northerly 632.82 feet throngh a central angle o£30°12'53"; ~hmce mngant from said curve North 32°21 '28" East '/45.62 feet to the bc~nt~ing ofa tangelu curve concave westerly and having a radius of 1600.00 feet; thence along said curve ~onherly and northwesterly 2100.4'/ fee~ through a central angle of 75o13,03,,; May 10, 2001 Exhibit"A" IN 15100181-M1 Legal Description Page 3 of 5 'thence tangent f~om said curve North 42051'35'' West 1399.68 feet to the centerllne of Date Slreetl thence l~aving said c~lterline of Margarita Road, along said cellterline of Date Street through the following cotuses; South 48°11'45" West 751.48 feet to the most north~ly corner of said Lot 1611 thence South 47°56'13" Wesl 1324.74 feet Io the most westerly corner of said Lot 1611 thence l~avin§ said c~nt~rlin~ North 41°46'09" West 1295.09 fe~ to the most northerly corner of said Lot 1451 thence South 48008'27" West 1322.95 feet to the most northerly comer of said Lot 136; thence South 47°28'25'' West 1322.'/0 feet to the POINT OF BEGINNING: EXCEPTING th~from a school site descn'bed as follows: COMI~.~G ax the c~m~lin~ inlel'~ecti0n of Margarila Road with Rustic Gltm Drive as shown on a map of Tract No. 21340-6 filed in Book 183, Pages 92 through 94 of Maps in th~ Office of the CounPJ Recorder of said Riverside Cotmly, said iutersecgon being a point on a curve in said centerline of Margarita Road concave southwesterly ~_n_a_ having a radius of 1600.00 feet, a radial lille of said curve from said point bears South 61027'29.' Wesl; thence aiong said curve and cent~rllne northwesterly 67.30 feet through a cenlral angle of 02°24'36"; thence n~ially from said cu~e South 59°02'53" West 55.00 feet; thence Sooth 15°15'11" West 33.20 feet; thence South 61o27'29" West 413.60 feet; thence North 66°3'/'11 ~ We~129,19 feet to a point on a non-tangent curve concave southwesterly and having a radius of 739.00 feet. a radial line of said curvc from said point bears South 61°22'37" West; thence along raid curve northwesterly 5.04 feet through a central angle of 00°23'26"; thence tangent from said curve North 29°00'49" West 92.67 feet to the be~innin~ of a tangent curve concave southwesterly ,vd having a radius of 789.00 feet; Ivlay 10, 2001 Exhibit "^" JN 15100181-M1 Legal Description Page 4 of 5 Lentlar Proper~ thence along said curve northwesterly 691.50 feel through a cenual angk of $0°12'57"; thence rad/ally from smd curve South 10°46'14'' West 66.00 fee~ to a po/ut on a non-tangent curve concave southwesterly and hay/rig a tad/us of 723.00 feet, said curve be/nE concentric with and 66.00 feet southwesterly from last said curve, said po/ut being the TRUE POINT BEGINNING; thence along said curve southeasterly 633.66 feet through a central angle of 50°12'57"; thence tangent from said curve South 29°00'4~)" East 92.67 feet to the beginning of a tangent ceo"ye concave westerly and having a radiu~ of 673.00 feet; thence along said curve sou~.xly 562,64 feet through a cenual angle of 47°54'02"; thence tangent from said curve South 18°5Y13'' West 7,49 feet; thence South 63°53'13" West 28.28 feet; th~nce North 71°06'47" West 291.04 feet; thence North 42°27'45" W~sl 19.18 feet lo a po/ut on a non-tangent crave concave southwesterly and having a radius of 67.00 feet, a radial line of said curve from said point bears South 76' 11' 16" West; them:e ai~ng said curve nollhwesterly _~_n.d westerly 140.49 feet through a central angle of 120008. 19" to an intersection with it non-tangent curvc concave no~terly and having a radius of 370.00 feet, a radial line of said curve from said intersection bears North 22006'45` East; thence along said curve northwcst~'ly 193.43 fe~t through a central angle of 29°$?'14"; thence tangent f~om said curve North 37°56'01 ' West 105.79 feet to the begi~in_~ ora la~lgent curve concave southwesterly and having a radius of 550.00 feet; thcace along said cur~e llorthwesm'ly 178.44 feet through a ceniral angle of 19°1 thence tangent from said curve North 57013'28" West 104.31 feet; thence North 35°48'18" Easl 203.84 feet; thence North 25°32'01" Ea~ 358,49 feet to the TRUE POINT OF BEGINNING, Exhibit Legal Description L~ar property May 10,2001 .rN15100181-M1 Page5 of 5 ALso, excepting from said Lot 138, thc southeast 165.00 f~et of the southwest 330.00 feet {measured from the centerline of Jackson Avenue- vacated) of the northwest oue-halfofsaid lot. Also, excepting from said Lot 138, the northwest 330.00 feet (meammai from thc centerlme of Cherty Street - vacated) of the southwest 330.00 fce~ (measured from the centerline of Iack~on Avcnue - vacated). CONTAINING: 398.34 Acres, more or less. SUBJECT To all covemnm, fights, fights-of-way and ememems of re, corcL attached hei'et, o and msd~ a part hereof'- This description was prepared by me or under my direction. Raymond L. Mat.he, P.L.S. 6185 My license expires 3/31/02. tii*,as~.~ ::ODMA~PCDOC b-~SDDOC~1644083 ~ 1 RBF CONSULTING 27555 YNF. Z ROAD, SUITE 400 T£MECIJLA, CA 92591 May 10, 2001 /lq 15100181-M2 Page 1 of 2 EXHIBIT "1-8" LEGAL DESCRIPTION WINCHESTER PROPERTY That cemin parcel of land situated in the City of Temecula, County of Riverside, State of California, being those poniom of Lots 109, 110, 120 and 121 (together with those portions of vacated Date Slreet, Monroe Avenlle md Jackson Avenue adjoining said lorn), all ~ shown on a Map of the Temecula Land and Water Company filed in Book 8, Page 359 of Maps, Records of San D/ego Cotmty, C~Jifomia, together with a portion of Parcel 4 of Panel Map No. 19677 (tog~h~ with that port/on of Yncz Road a~joining sa/d Parcel 4), all as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps, Records of Riverside County, California. described as n whole as follows: BEGINNING a~ thc most northerly corner of said Lot 121, said comer being a point on the centerline of as/d Jackson Avenue; theocc along said centerline South 41 °38'09" East 1290.73 feet to ~he most northerly comer of said Lot 120; thexlce contintting along said centerline South ,$2014'33" Bast 1290.79 feet to thc most easterly comer of said Lot 120; thence continuing along sa/d ccnterlinc South 41052'47" East 794.56 feet to thc centefline ofsa~d Yncz Road; thence along said centerlinc ofynez Ro~] South 30007'20" West 432,14 fec~ to the beg/.~i~§ of a tangent curve concave southcastcfly and having a radius of 1675.00 feet; th_m._ce along said curve southwesterly 699.71 feet through a cenlral angle of 23 '56'04" w the castedy prolongation ora com~e in the southessterly line of said Parcel 4 _,_h_~wn as "Noah 83'48'37" wc~t" on said Parcel Map; thence rad/all¥ from said cra'ye, along said come and prolonga6un North 83°48'44" West 142.82 fcet to an angle point in said southeasterly line; thence along said southeasterly line South 63'31'52" West 962.68 feet to the most southerly comer Exhibh 'B~ Legal dcscriplioa Bicri Propgny of said Parccl 4 and a poin! in ~he nord~¢asterly !i,.e of lntcrsr~e 21~; May 10, 2001 JN 15100181-M2 Page 2 of 2 thence along said northeasterly line duough thc followm§ courses: North 29°26'02" West 376.97 feet; thence North 30'35'46" West 450.40 f~;"t; thence North 28°41'12" Wes~ 758.78 f¢¢I; lh~ce North 18040'$7'' W~s134~.24 feet; dunce lqorth 21~°3~1'30'' Wes~ 199.91 feet; thence lqonh 37~4P11" West 253.17 fgel; ~hencc North 29°$8'20" Wes1449.97 fe~; ~c~ce Nora 21°49'02" Wesl 2fl.9f f~; ~henc¢ North 28~24'39" Wes! 519.02 feet io Lhc not,westerly line of said Lo~ 121; ~hence aiont said notlhwcs[erly line Nord~ 48o10'42" Eas~ 1190.56 fcct to ~hc POEqT OF BEGINNING. CONTAINING: 135.24 Acres, more or less. SUBJECT To all covenants, dgh~ ri?his-of-way a_,__d_ eascm~s of record. EXHIBIT "lkl" ana~h~d herclo and made a pan her~oL This deacriplion was prcpp, red by me or under my di.-ccdon- Raymomi L. M~he, P.L.S. 6185 My license expires 3/31/02. t~,~,o~.~ ::ODMA~PCDOCS~SDDOCSX16440~4\1 ATTACHMENT 2 PROJECT BENEFITS Jun-05-OI 04:19pm From- 619-6995641 T-194 P.og/z5 F-343 Jun-06-01 O4:~Opm ~rom- 619-6993541 T-194 P,10/25 F-343 Jun-05-Ol 04:ZOpm From- 619-699~541 T-194 P.11/25 F-$45 Jun-05-Ot 04:21p= From- 619-6993541 T-~94 P.12/25 F-343 Jun-05-O1 04:21pm From- 616-6693541 ?-164 P.13/25 F-646 ATTACHMENT 3 EXISTING APPROVALS 2. 3. 4. 6. 7. 8. 9. lo. 11. 12. 13. 14. 15. I6. Attachment No. 3 to Harvestou Developmeu! Agreement ]ilXlSTING APPROVALS General Plan, as arne~led on by O~dinance No. ltarvesmn Specific Plan No. 13 (ordinance No. ) Harveston Final Environmental Impact Report (Resolution No. Mitigation Monitoring Program for the Harveston Final Environmental Impact Report (Resolution No. ) Development Agreement (Ordinance No. ) Change of Zone (Ordinance No. ~) Vesting Tentative Tract Map No. 29639 (Resolution No. Tc~talive Tr0~ Map No. 29928 (Resolulion No. . .) Tentative Tract Map No. 29929 (Resolution No. ~) T~tagw Tract Map No. 30088 (P-~olution No. ) Development Code Amendment (Ordinance No. ) Specific Plait Zoning Standards (Ordinance No. School Mitigation Agreements dated October 2, 1998 and March 1, 2000 404 Pct~ui~ dated lune 30, 1999 1603 Permit dated April 30, 1999 40l Permit dated lunc 30, 1999 ATTACHMENT 4 EXISTING REGULATIONS 2. 3. 4. 5. 6. 7. g. 9. Attaghment No, 4 to llarveston Development Agreement ~X~STING R£GLrLATIONS City of Tcmecula General Plan, as amenckd by Ordinance No. __ CiF of Temecula Development Code (Ordinance No..._._) Subdivision Ordinance (Ordinance No. 99-23) Cic/-Wide Design C~idelin~s (Ordinance No. ) Ordinance No. 655 (Mt. Palomar Lighting) orowlh Managemem Prol~.m Action Plan as adopted by lhe Cily on March 21, 2000 Developing! Impact F~ Ordinance No. IHn. vth~n~ else~ll ATTACHMENT 5 PUBLIC INFRASTRUCTURE IMPROVEMENTS/FACILITIES Attachment S To Harveston Development Agreement Public Infrastructure Improvements / Facilities INTEP~ECTION IMPROVeMeNT NEEDS Ave (2) Add ~ ~ ~ ~ ~ ~ght) 3) Add SB Lee ~ L~ (4) ~uvm SB ~gh~ ~ L~ m S~ed ~ou~ ~ (3) M~ ~ ~ou~ ~ ~ S~d ~ugh ~d ~fl (6) Md ~ ~ L~ (7) M~ Si~ to ~ovt& ~ ~ ~ ~cr~ (9) A~ ~ ~ L~ (10) ~d SB ~ ~ough ~ ~ ~ L~ ~,933,200 M~g~ ~ (2) M~ St~ m ~ ~ ~ ~ Ov~hp p~c (3) Add EB Left ~ L~ ~) Jeff~ Ave (2) ~e~ ~ ~ ~ L~ m A~w FT~ ~t 3S1,~0 M~ ~ [2) M~ ~ S~ ~ough ~d ~T ~ ~ m 242~0 (2) M~ ~ ~ou~ L~ m S~ ~u~ ~d Le~ 9.~ (3) Sp~ ~ ~ SB Si~ (4) A~ ~ ~T ~ L~ 227~Q [NTERSF-CTION IMPROVEMENT NEEDS 1,~00 (2) Spht 1%q3 and SB Ma~g~ui~ Road Widep~ Comple~ cut ha~ widra~$ ~8oAm Road 4s0,000 INTEJ~ECTION IMFROVI~MI~NT NF..~DS M~m~ ~ (3) Add ~ Le~ ~ ~ {S) M~ Si~ m Acc~ New EB (3)A~L~ A~c~ ~ (3) A~ ~ ~t ~ ~ (5) v~" T~ ~ 322,000 (5) Add SB ~ L~ (6) A~ SB ~ ~ L~ Yn~ ~ (2) A~ ~ Left ~ L~ 33 Date Si @ (!) Add ]qB Tt;ough Lane Semcc Conur, e~la] Ac~r~ I (2) ~ (4) A~ (5) A~ SB ~ L~e (6) A~ SB Le~ (7) ~! S~ S~ ~ ~ ~ SB A~e~ 2~00 34 ~ST~ (1) Add2 ~ ~u~L~s N~ ~oj~ ~i~ Access ~ (2) A~ (4) A~ (7) A~ 2 ~(~)~~ (II) A~ Le~ 12} }u,~n ~ Si~ 1~4~00 '35 N~ ~e~ ~ ~e~ ~ ~) Add ~ L~p Access ~ (2) A~ (~) ~,~!.S~ S]~ on EB ~ ~ ~o~ 104,100 ~e ~ (2) A~ (4) *~ 37 Yn~ (1) ~t~ L~ Il}No: I 38 IYnc~'l~ @ 6) Tn~!l S~}~ SI~I~, o1~ ~ (4)~ L~L~ Cost 13,42S 16440S6.1 ATTACHMENT 6 TO FOLLOW ATTACHMENT 7 PROPOSED PUBLIC FACILITIES FINANCING PLAN ATTACHMENT NO. ? TO HARVESTON DEVELOPMENT AGREEMENT PROPOSED PUBLIC FACILITIES FINANCING PLAN Thc City of Temecula (thc "Ci~') will use its bes~ efforts to cause thc Temecula Public Financing Authority (the "TPFA'~ and the Winchester Hills F/nancing AuThorily (the "WHI:A") to underr~e ~ following actions, subject in ~ny event ~o any applicable requirements of the California Government Code (the "Code") and the outslanding Fiscal Agent Agreement (the "1998 Agreement') io wh/ch the WI-IFA is a party: Proposed Actions by thc WHOA: a- Execute an ~end~cm to ~e 1998 A~t (~ "~~') ~ p~I a one ~c ~i~ o~ r~p~on of ~c ~n~ ou~g ~ ~ 1998 A~em (~e "~A Ben&"), on ~y ~tc on ~ prior ~ Febm~ 1, 2001, ~ a r~pfion p~cc of 103% of &e p~ip~ ~o~ of ~c ~A Bo~s ~o be r~, ~oge~r wi~ ~ Work with Stone & Youngberg f. LC to ob~n thc necessary V~A Bondowner consents to thc Amc~dmem. do If the sale of the TPFA bonds described below (thc "TPFA Bond~") ~s saccessful, d/rect the fiscal agent under the 1998 Agreement to call the WHFA Bonds for redemption, and upon rcceip! of a portion of thc pwceeds of thc TPFA Bonds sufficient for such puTpose, direct the fiscal agent m redeem all ~hc ou~shmding WI-IFA Bonds, with such redemption zo occur on the dale of issuance of the TPFA Bonds. Upon redcmplion of the WHFA Bonds, record a notice of relcese of special ux lien in Lhe office of the County Recorder acknowledging release of all parcels in die WH~A's Comm._unily Facilities DisuicI No. 98-1 from th~ special tax lien securing payroll! of the WI-I~A Bonds. Proposed Actions by the TPFA: a. The Board of Direc~om of the TPFA will adop~, on the same da~e as City Council considers approval of The Development Agreemem, resoludons of intention ~o form and incur bonded indebtedness of community facilities disuict (the "CFD") ~o include propei~y curremly owned by Lenuar Homes of California, Inc. ("Lcnnar") and Winchester Hills I, LLC, wlfich property was prcviously included in file commlmily faciliges district crealcd by Thc WHFA. The Board of Dircctor~ of TPFA will conduct a public hearin~ on tho foTmalion of the CH) and, 24881-9; I~S44060.3 [word] 1 subjec~ m all applicable provisions of the Code, consider the formation of the CFD and the iss..n~e of the TPFA Bonds. The CFD will have the following features: (0 A bonded indebledness !i_mil sufficien~ to redeem in full the ouls~nding WHFA Bonds, to deposit $5,150,000 to an improvement fund, Io pay ~he costs of issuance of the proposed TPFA Bonds, to provide for capilaliZed interest for a period of rime on ~ TPFA Bonds, m provide for any necessary reserves and udminislralive expenses of lira CFD, and to pay cusls to conver~ the TPFA Bo,~as from a variable raic to a fixed nile. The expec~ TPFA Bond authorizarion is approx_,_'_m_ately $20,000,000. The TPFA Bonds will be issued as tax-exempt variable ra~e bonds secured, by a le~'r of credit for which Lennar is the account party, wi~h conversion to a fixed rate of all or a ponion of the TPFA Bonds on i'uly ls~ each year provided property, in the CFD a~hieved at lea.sl a 3:1 value to lien, and a final conversion da~e by which all TPFA Bonds will be so converv~l or those Bo~as nol conv~ed will be redeemed. (ii) Fa~iliri~ authorized m be finenc~l by the CID will include public capit~l improvements n~ccssi~zd by dcvelopmen! of the Harvesmn project, as idenrified by prior to the adoprion of a resolution of inlenrion to form the CFD, ~.n_d approved by thc City's Dirac~or of Public Work~ ~a ~he TPFA's bond coumcl (~hc · 'Facilifies"). TPFA, for the CFI), will emer into aa acquisirioa agreement with Lennar in a form drafted by TPFA's bond CO-n~el to use $5,150,000 of CFD bond proceeds to acquire ff~ Fa~ilines from Lelmar on a firs~ comple~i-first acquired basis, subject 1o complimce with applicable prev~_i!ing wage and o~he~ laws. The TPFA will use ils bes~ efforts to antra' into joint community facililies agreemanls as necessary under the Code to 6~_nce th~ Facilities, without cos! or liabilivy ~o the TPFA ~cel~ for a co__m__m_ jlmenl to use TPFA Bond proceeds to pay the costs of the applicable Facilities. The Pale and Mcthud of Apportionment of Sllecial Taxes for the CFD (the "R&M"), will be slmcmnxl so that m~al overlapping debt will not exceed 2% of the expected sales prices of the homes m be built in ~he CFD, special ~x ral~s will not escalam, and special taxes will be levied fit~ on developed property at the audmrizud levels and then on undeveloped propmty. Special tax revenues will be used to pay TPFA Bond debt service and CFI) expenses (including l~er of credi~ costs .~d reimbursements), and may be accmnulatcd m pay costs to convert thc interest ra~e on the TPFA Bonds from variable to fixed and to redeem TI'FA Bonds as Bon~ ~om v~lc ~ ~ed. Sp~i~ ~ lc~es on dcvcl~ed pmp~ ~ll be cohered on ~c Co~'s ~ v~or~ ~ ml~ ~d ~ ~ le~es may be l~cd money on ~develop~ prope~ ~ ~e C~ o~ by L~ ~ n~s~ ~o sa~is~ ~ oblig~on of~ CFD m pay ~st on ~ ~FA Bo~ d~ng &e p~od ~ w~ch ~c ~mr~ rate is v~able, m pay costs vo conv~ ~e interest ~e on ~e ~FA Bo~ ~om v~le to ~ed ~d ~o r~e~ TPFA Bon~ on ~ ~ c~v~ion ~e, m e~h ~e ~ ~ exten~ ~ av~l~le ~i~ ~ rcv~ues ~e ~ci~ for s~h pmpo~s. ~c ~e Ci~ will me i~ b~t effo~ to ca~e ~ ~A ~ ~ ~FA to ~ ~c Bon& to ~ one ~e ~i~ re~pfion, ~ ~ ~ fomfi~ ot~c C~ md &e is~cc of the ~FA Bon& is s~j~t m pubic h~gs ~d ~ elocon orme o~ of ~c ~p~ ~ ~c C~, ~ r~ed ~ ~c C~. No~ing ~ ~e Develop~nt A~c~eat (~cl~g ~s A~mt No. ~ ~ ~ ~Y way obli~te ~ TPFA m ~ ~e C~ or m issue ~e ~FA Bo~ if, follo~g ~e pubhc bergs r~u~ ~ ~c Co~ ~& re~t ~cto, ~ ATTACHMENT NO. 9 MITIGATION MONITORING PROGRAM R:\S P~-Iarveston SP\PC Docs\ PC STAFFRPT.doc 45 Z © Z © .< Z © z 0 ~ o ~ o , ~ o ~ · ~ o ~ '~ ~-- ~.~ =~ o.-~ ~ .- . ~ ~ ' ._~ Z © Z © Z 0 Z © C © Z 0 © Z Z 0 Z © Z © Z © Z 0 r.~ Z 0 Z © Z r~ Z © Z © r~ Z © Z © Z © Z 0 Z © Z © .< Z 0 Z © .< Z © Z © Z © .< ATTACHMENT NO. '10 GENERAL PLAN CONSISTENCY ANALYSIS R:~S P~arveston SP~C Docs\ PC STAFFRPT.doc 46 GENERAL PLAN CONSISTENCY GENERAL PLAN CONSISTENCY The Specific Plan is consistent with the General Plan and serves to implement all aspects of the General Plan relevant to the designated area. A Specific Plan is a plan adopted either by ordinance or resolution for a particular area of land. A Specific Plan may contain its own development standards (zoning), and thus provides greater flexibility in the distribution of the land uses. The Harveston Specific Plan is intended to be supportive of, and consistent with, the goals and policies of the Temecula General Plan. It has been written to implement the Specific Plan designation assigned to I-Iarveston Specific Plan area by the General Plan, updated on November 9, 1993. The purpose of this section is to ensure that the Specific Plan is consistent with the goals and policies of the City of Temecula's General Plan as required per Government Code Section 65454. The following are the ten elements included within the Temecula General Plan: 1. Land Use Element 2. Circulation Element 3. Housing Element 4. Open Space/Conservation Element 5. Growth Management/Public Facilities Element 6. Public Safety Element 7. Noise Element 8. Air Quality Element 9. Community Design Element 10. Economic Element The goals and policies for each General Plan element have been evaluated in the following pages. Following each goal of the General Plan elements, specific policies are laid out. Following each goal and policy, a statement is made in italics, indicating how the Specific Plan is consistent with that goal and/or policy. In some cases, it is indicated that the specific goal or policy is not applicable to the Specific Plan. The following sections list the applicable goals and policies of the above elements of the General Plan. FEBRUARY 2001 LAND USE ELEMENT LAND USE ELEMENT Goal 1: A complete and integrated mix of residential, commercial, industrial, recreational, public and open space land uses. Discussion: The proposed Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with the City of Temecula's zoning code and General plan densities and intensities. The Specific Plan Project seeks to create a community character and quality that compliments the surrounding area The proposed plan contains a variety of housing products and designs, which would cater to different groups of home buyers/renters in the City of Temecula. Additionally, development of the service commercial component of the Specific Plan will provide opportunities for the region and Har~eston arec~ The Plan also includes a generous amount of open space and recreational opportunities ~ -* 70 acres), and more than adequate public facilities and services. Policies 1.1 Review all proposed development plans for consistency with the community goals, policies and implementation programs of this General Plan. The proposed Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan and is consistent with community goals, policies, and implementation programs outlined in the General Plan. 1.2 Promote the use of innovative site planning techniques that contribute towards the development of a variety of residential product styles and designs including housing suitable to the community's labor force. The proposed plan contains a variety of housing products and innovative site planning designs (see Section 3.0, Land Use Plan and Section 10.0, Design Guidelines), which would cater to different groups of home bayers/renters in the City of Temecula. 1.3 Require the development of unified or clustered community-level and neighborhood-level commercial centers and discourage development of strip commercial uses. The Harveston Specific Plan proposes a Mixed Use Village Center, which would include uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. Additional commercial uses are located in the Service Commercial area of the Specific Plan. The Specific Plan does not encourage development of strip commercial uses. 1.4 Consider the impacts on surrounding land uses and infrastructure when reviewing proposals for new development. The proposed plan is consistent with the City of Temecula general plan densities and intensities and seeks to create a community character and quality that reflects the surrounding area. The Harveston EIR provides an analysis of the project's impacts on surrounding land uses and infrastructure. Infrastructure is consistent with the General Plan requirements and will be installed concurrently with development. FEBRUARY 2001 2 ~,~oooa~o~pcoNstsr~czvoc LAND USE ELEMENT 1.5 1.6 1.7 1.8 1.9 1.10 Support the development of light industrial, manufacturing, research and development, and office uses to diversify Temecula's economic base. The Harveston Specific Plan proposes a ll2.4-acre service commercial area that includes a mixture of uses that could serve or expand upon the adjacent business park development. This service commercial component of the Specific Plan will provide employment opportunities and needs for the region and Harveston area. Provide well-defined zoning and development standards and procedures to guide private sector planning and development. The Harveston Specific Plan creates development standards consistent with the philosophy of the City of Temecula Development Code. Detailed development standards for the Specific Plan have been prepared (see Section 11.0, Development Standards) to manage implementation of general or unique conditions in each Planning Area. Require the preparation of specific plans as designated on the Specific Plan Overlay to achieve the comprehensive planning and phasing of development and infrastructure. The Harveston Specific Plan has been prepared in order to achieve comprehensive planning and phasing of development and infrastructure. Consider taking the lead on preparing specific plans for areas designated on the Land Use Plan that have multiple landowners. This policy is not applicable, because it is a City directed policy. However, the subject site is designated Specific Plan on the General Plan Land Use Map. Encourage flexible zoning techniques in appropriate locations to preserve natural features, achieve innovation site design, achieve a range of transition of densities, provide open space and recreation facilities, and to provide necessary amenities and facilities. The Harveston Specific Plan includes components that achieve many innovative site designs and a range of densities within the proposed residential development and the mixed use Village Center. The plan also provides for a variety of open space and recreation facilities including a Lake, a Lake Park, Paseo Park, Arroyo Park, and three mini park, a comprehensive trail system and bike paths. Pursue opportunities to locate higher density housing with supporting commercial and public uses on the west side of 1-15. This policy (locating higher density housing with supporting commercial and public uses on the west side of 1-15) is not the responsibility of the Harveston development. This development is located on the east side of l-15. Although the Specific Plan area is located east of l-15 it does include higher density housing and supporting commercial and public uses. FEBRUARY 2001 3 LAND USE ELEMENT Goal 2: A City of diversified development character where rural and historical areas are protected and co-exist with newer urban development, Discussion: The Harveston Specific Plan has been designed with sensitivity to its surrounding uses and seeks to conform to the overall character of the aret~ However, Harveston Specific Plan area is not located within a historical or rural area of the City. Policies 2.1 Provide physical and visual buffer areas to create a txansition between rural residential and agricultural areas and commercial, industrial and other higher density residential development. The proposed plan includes extensive uses of paseos and landscaping setbacks/buffers to create physical and visual buffers to create appropriate transitions within the different types of development. 2.2 Apply rural development standards to specified areas of the City to maintain the rural character of those ar~as. The policy is not applicable because the rural development standards do not apply to this project. The proposed project is in an area adjacent to existing development and the 1-15 Freeway and has been designated for mixed use development by the City's General Plan. 2.3 Define the rural and historical areas of the community to be conserved, and establish a procedure for adding areas or altering boundaries as necessary. This policy is not applicable to the Harvestan project. It is the responsibility of the City of Temecula to define the rural and historical areas of the community to be conserved and establishing a procedure for adding or altering the boundaries if necessary. The City has already defined rural areas within the community and assigned L (.5-2 dwelling units per acre), VL (.2-.4 dwelling units per acre) and HR (0-. 1 dwelling units per acre)residential designation on the General Plan Land Use Map. In addition, the City has adopted the Old Town Specific Plan which has defined a historical area of the community to be conserved 2.4 Require the use of landscaped, open space buffers along roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. The Harveston Specific Plan Design Guidelines (Section 10.0) has incorporated the use of landscape and open space buffers along the roadways in-lieu of residential subdivision walls where feasible in light of noise and other constraints. Figure 10.4 (Community Fencing and Walls Plan)presents a variety of wall and fence types within Harveston to meet the intent of this General Plan Policy. The project perimeter walls are required for noise mitigation; however, they will be planted with vines to create a green wall. The interior of the project will allow a variety of walls, fences and landscaping that will be well landscaped. FEBRUARY 2001 4 p:~o~coNstsr~czvoc LAND USE ELEMENT Goal 3: A land use pattern that will protect and enhance residential neighborhoods, Discussion: The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions and natural features. While the plan seeks to create a distinguishable character for the Harveston Specific Plan area, it will be compatible with and will enhance the adjacent uses. Policies 3.1 Consider the compatibility of proposed projects on surrounding uses in terms of the size and configuration of buildings, use of materials and landscaping, preservation of existing vegetation and landform, the location of access routes, noise impacts, traffic impacts, and other environmental conditions. The design of the Harveston Specific Plan is sensitive to and compatible with the surrounding uses and takes into account existing conditions in terms of the size and configuration of buildings, use of materials and landscaping, the location of access routes, noise impacts, traffic impacts and other environmental conditions. Specific Plan Land Use designations are consistent with the General Plan Land Use designations. The General Plan designations were reviewed for consistency and compatibility with adjacent development. The Specific Plan land uses have been developed to be complimentary to and compatible with the surrounding uses. Residential designations have been appropriately located next to those of like intensity. The Community Park has been situated to provide a buffer to the existing light industrial uses. The Service Commercial area has been located adjacent to 1-15 and west of Ynez Road. In addition, Design Guidelines and Development Standards within the Specific Plan assure the appropriate use of color, materials, architectural styles, landscaping, etc., to ensure compatibility with surrounding uses. 3.2 Provide infill development incentives in the residential sections of the Old Town area through the Old Town Specific Plan. The policy is not applicable because this is a City directed policy and the proposed project is not located in Old Towrc 3.3 Require parcels developed for commercial or industxial uses to incorporate buffers that minimize the impacts of noise, light, visibility of activity and vehicular traffic on surrounding residential USES. Location of the service commercial uses with their lack of direct roadway access to the residential uses and special features such as landscape buffers, incorporated into the design of the service commercial, will minimize the impacts on surrounding residential uses. 3.4 Protect single-family residential areas from encroachment by commercial uses. The Harveston Specific Plan proposes a service commercial area (adjacent to the existing business park) away from existing residential and the proposed residential planning areas. Landscape buffers will provide separation between the Service Commercial and residential uses. FEBRUARY 2001 5 LAND USE ELEMENT 3.5 3.6 3.7 Additionally, the Specific Plan area consists of distinct planning areas with specific development standards that will prevent any encroachment by the commercial uses into residential areas. Obtain aviation easement as required by the Comprehensive Land Use Plan for the French Valley Airport to ensure that landowners acknowledge the impacts associated with aircraft. This policy is not applicable because the Harveston Specific Plan area is not within the Comprehensive Land Use Plan for the French Valley Airport, and therefore, no aviation easement is required for the project. Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. A Traffic Analysis for this project was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts porn the project at opening year (2002) and at project buildoat (2005) result in a minimum Level of Service D at all critical intersections within the vicinity of the project provided that certain transportation improvements are made by the project. These improvements have been identified and included as mitigation measures within the project's Environmental Impact Report. The project has already paid approximately 2.5 million and 1.8 million into Assessment Districts 156 and 161 (respectively), which contributed to improvements on Ynez, Winchester and Margarita Roads. In n~lrlition, the project will pay its fair share of Development Impact Fees (DIF); implement all recommendations contained within the Traffic Analysis for traffic improvements; as well as support the City's efforts to design and secure jurisdictional approval for the construction of a new interchange at 1-15 at Cherry and/or Date Street. Require proposed development to evaluate the incremental traffic impacts on local roads throughout the proposed project phasing in order to ensure that any adverse impacts to local roads in residential areas are avoided or adequately mitigated. Please see consistency analysis for Policy 3.6, above. Goal 4: A development Study Area. patterns that preserve and enhance the environmental resources of the Discussion: The Harveston Specific Plan has taken into consideration the natural and man-made opportunities and constraints in determining its land use designations and their intensities. Except for the preservation and enhancement of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. FEBRUARY 2001 LAND USE ELEMENT Policies 4.1 Enforce hillside grading standards to naturalize the effects of grading, require the preservation of unique natural features and to encourage a broad range of hillside architectural and site planning solutions. The project site will be mass graded and will result in a balance of cut and fill materials on the site. The project will be graded in a manner which is similar to the other specific plans in the City of Temecula (Paloma del Sol, Margarita Village, Roripaugh Estates, Campos Verdes, Rancho Highlands) and surrounding Riverside County (Warm Springs, Vail Ranch, Red Hawk). The grading will result in modificatie~s to the natural terrain. This type of grading is necessary to achieve the General Plan/Specific Plan land use designations for the site. Hillside grading standards are more appropriately applied in the areas designated L (.5-2 dwelling units per acre) , VL (.2-.4 dwelling units per acre) and HR (0-.1 dwelling units per acre) on the General Plan Land Use Map. 4.2 Consider the constraints of natural and man-made ha:'an:ls in determining the location, type and intensities of new development. The Harveston Specific Plan takes into consideration the natural and man-made realities and constraints in determining its land use designations and their intensities. Except for preservation of the Arroyo Park in its natural state, there are no other natural features/hazards that would affect the land use designation within the project site. Man-made hazards such as existing and future roadways have been also considered. Additionally, the proposed project incorporates contour grading techniques in grading the site in order to maintain the integrity of the natural setting. 4.3 Cooperate with other agencies to develop Multi-species Habitat Conservation Plans in western Riverside and northern San Diego Counties. This policy is not applicable, because it is a City directed policy, and it is the responsibility of the City of Temecula. 4.4 Work with the utility districts to develop a trail system and enhance the natural resources along the San Diego Aqueduct, creeks, and other utility easements where feasible. The proposed Specific Plan area is not in the vicinity of the above aqueduct, however, the Specific Plan provides a comprehensive trail system with connection point to the off-site trails along Santa Gertrudis Creek. The project also proposes enhancement and preservation of a 13.8-acre Arroyo Park consistent with U.S. Army Corps and Fish and Game guidelines. The Arroyo Park includes a nature trail system 4.5 Work with the Riverside County Flood Control District and other responsible agencies on the design of the flood control project for Murrieta Creek, Temecula Creek, Pechanga Creek, and other waterways in the City. The Specific Plan preparation has included contact with the Riverside County Flood Control and other responsible agencies on the issue of waterways and flood control in the City of Temecula. FEBRUARY 2001 7 LAND USE ELEMENT 4.6 4.7 Consider alternative flood control methods to reduce capital and maintenance costs and provide recreational and open space opportunities. Section 5.0, Infrastructure Plan, of the Specific Plan includes the proposed drainage plan, which incorporates existing drainage courses into recreational open space areas (i.e., l O.5-acre Arroyo Park and 2.5-acre Paseo Park). Conserve the resources of Pechanga, Temecula and MmTieta Creeks through appropriate densities of development, setbacks, landscaping, and site design of surrounding projects. This policy is not applicable, because it is a City directed policy. The project is however consistent with the General Plan density designations for the property. Goal 5: A land use pattern and intensity of development that encourages alternative modes of transportation, including tran~t, bicycling, and walking. Discussion: The Harveston Specific Plan includes a transit plan, which provides for alternative mode of transportation. The transit plan has been developed with input provided from the Riverside Transit Authority (RTA) and incorporates the service needs of the RTA. The Village Center, High- density residential (13-20 dwelling units/acre) and the M2 (Medium-density residential 7-13 dwelling units/acre) are located at the "core" of the project to provide the critical density needed to support public transit. Bus turnouts and shelters are included, as required by the RTA and approved by the Department of Public Works. Additionally, the Harveston Specific Plan includes a comprehensive paseo and trail system providing the project's residents the opportunity'to walk, jog, or bike around the entire community. Bike trails and transit facilities will also be provided along the project roadways. The Specific Plan includes a Mixed Use Village Center, which consists ora mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fitness center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Policies 5.1 Include in the Development Code and through other ordinances a package of incentives to encourage development to include: 2. 3. 4. 5. 6. 7. 8. Additional active parkland Development of parkland and trails Preservation of historic buildings or sites Additional open space Preservation and enhancement of natural habitat Additional public or community facilities Additional or improved public spaces or plazas for community use Additional amenities in multifamily developments FEBRUARY 2001 8 LAND USE ELEMENT 10. Transit facilities and/or additional right-of-way along future transit corridors Housing that meets the needs of vet low and low income households. Provision of cultural facilities. The Harveston Specific Plan has included many of these items. This is further discussed below. Additional Active Parkland~ The project provides 5Z 4 acres of parklandfrecreation facilities (including the Winchester Creek Park). This figure does not include the 15.9 acres within the LDZ's, which brings the total to 73.3 acres. Development of Parkland and Trails. The parkland acreage is discussed above. The Open Space and Recreation Plan (Figure 6.1 of the Specific Plan) and Bicycle Plan (Figure 4.8 of the Specific Plan) depict the open space/recreational opportunities within the Plan, as well as comprehensive walking and bicycle network within the project. A ten foot (10') wide trail easement along the western perimeter of the project. In addition to providing opportunities within the project, these networks also tie into the existing City wide bicycle plan. Further, it is anticipated that these systems will ultimately become a component of the City's Trails Master Plan (currently under development). · Preservation of Historic Buildings or Sites. There are no known historic buildings or sites at the project location. Additionai Open Space. As discussed above, the project is providing 57.4 acres of recreation facilities. Based upon the requirements of the City of Temecula Community Services Department, 26. 75 acres or parkland is required. The project exceeds this amount by 30. 65 acres. Preservation and Enhancement of Natural Habitat. As part of the Environmental Impact Report, a biological assessment was prepared for the project site. No sensitive or endangered species were identified on-site. The project will impact 2.86 acres of "waters of the United States." As mitigation for this impact, the creation of 8 acres of a riparian corridor must be created on-site. The Arroyo Park has been developed to serve as this mitigation and will encompass 13.8 acres. This is greater than what was required by the United States Army Corps of Engineers for mitigatior~ In addition, should the Cherry Street interchange be approved for this project, this acreage may be subject to an increase. Additional Public or Community Facilities. Public and Community facilities are included within many of the recreation facilities within the project. It is anticipated that people residing within the project and those within the vicinity of the project will use those facilities. These include the elementary school, the Lake, Lake Park Paseo Park, Village Green as well as the Community Park. In addition, private facilities will be provided to serve the Harveston residents. Additional or lmproved Public Spaces or Plazas for Community Use. These have been listed above. In ad~lition, public and quasi-public spaces will be provided within the Village Center. Also, mini-parks are included within most of the residential neighborhoods. FEBRUARY 2001 9 LAND USE ELEMENT 5.2 5.3 5.4 Additional Amenities in Multifamily Developments. It is anticipated that the multifamily component of the project will contain amenities, which are typically found within these types of development. The multi-family development is centrally located adjacent to the Village Center and within immediate proximity of the project's recreation facilities. Transit Facilities and/or additional right-of-way Along Future Transit Corridors. The transit plan has been developed with input provided from the Riverside Transit Agency (RTA). Potential Transit Routes & Stops have been developed for current and future trcatsit needs, with input from RTA. A transit station is planned within the Village Center and will be integrated into the design of the streetscape. The transit station will be installed when adjacent development occurs, in accordance with the requirements of the RTA. It is anticipated that the buses will initially make a small loop through the project, entering the site from Margarita Road, passing by the Elementary School, Lake and Lake Park, Village Green and Village Center and exiting the site via Margarita Road. Future transit stops will be provided within the project, along the Loop Road. Transit stops are also proposed on the perimeter of the project, along Date Street, Ynez Road and Margarita Road. In addition~ transit stops will be provided in key locations within the Service Commercial portion of the project. All of the transit stops are anticipated to connect to the current and future major transit hubs within the area, including the Promenade Mall. Housing That Meets the Needs of Very Low and Low Income Households. The project includes a variety of housing types, which will provide a wide array of housing opportunities for both owners and renters. It is not anticipated that Harveston will provide housing that meets the needs of very Iow and Iow income households. · Provision of Cultural Facilities. These are discussed above in the recreation facilities. Require the provision of pedestrian and bicycle linkages from residential areas to open space/recreation facilities, commercial and employment centers. The Harveston Specific Plan includes a comprehensive paseo and trail system providing the project's residents the opportunity to walk, jog, or bike around the entire community. Bike trails and transit facilities will also be provided along the project roadways. (See Figures 4.8, Bicycle Plan and 11.5, Mixed Use Vehicular Circulation and Parking). Encourage variety in the design of sidewalks and trails with respect to alignment and surface materials to provide a convenient and enjoyable experience for the users. The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities offering users a variety of different recreational experiences. Many of the proposed paseos will meander through the adjacent landscape. Provide grade separated bike paths along major arterials where feasible. Ensure that non-grade separated bike paths are designated for safety. The proposed Specific Plan includes Class H bike lane along Margarita Road, consistent with the City of Temecula General Plan (see Figure 10.1-4, Margarita Road). FEBRUARY 2001 10 ~:~N~a~apcoNs~sr~c~voc LAND USE ELEMENT 5.5 5.6 5.7 5.8 5.9 5.10 Designate Mixed Use Village Centers on the Land Use Plan to provide areas within the community that are urban in character, contain a mixture of compatible uses, and are designed to reduce or eliminate the need for the automobile in traveling to or within Mixed Use Village Centers. The Specific Plan includes a Mixed Use Village Center, which consists of a mixture of compatible uses such as retail, restaurant, office, daycare, worship, and a private club facility and fimess center. The Mixed Use Village Center creates an environment where walking is encouraged. For ease of access this "core area" is connected to various residential areas within the development via walking and biking trails. Encourage higher density residential, mixed use development, and supporting public and community facilities within Mixed Use Village Centers. The Mixed Use Village Center proposed within the proposed Harveston plan includes mixed use development, public and community facilities, and higher density residential uses. Establish design guidelines, development standards, and incentive programs for uses within Mixed Use Village Centers. The proposed plan establishes guidelines, development standards, and incentive programs for Mixed Use Village Center uses. (See Section 11.4.7, Mixed Use Overlay Zone). Develop a plan to link Mixed Use Village Centers by trails and potential transit systems including bus, shuttle and light rail. The Harveston Specific Plan includes extensive system of paseos and potential transit facilities that link the Mixed Use Village Center to the remainder of the community. (See Figure 11.15, Mixed Use Vehicular Circulation and Parking). Ensure that architecture, landscape design, and site planning within Mixed Use Village Centers emphasizes a pedestrian scale and safe and convenient access between uses. The Mixed Use Village Center is pedestrian oriented and facilitates access between uses within the Village. Walking and biking trails are provided to connect the Mixed Use Village Center to other areas within the Specific Plan. (See Figure 11.16, Mixed Use Village Center Pedestrian Circulation). Ensure that adequate public gathering areas or plazas are incorporated within Mixed Use Village Centers to allow for social interaction and community activities. The Mixed Use Village Center proposed within the Harveston Specific Plan allows for gathering areas and plazas. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. 5.11 Discourage the development of strip commercial centers that increase automobile dependency. FEBRUARY 2001 LAND USE ELEMENT The Harveston Specific Plan does not propose the development of strip commercial uses within the Specific Plan arec~ Its objective is to create a pedestrian friendly environment where the use of the car is not encouraged. Goal 6: A plan for Old Town Temecula that enhances economic viability, preserves historic structures, addresses parking and public improvement needs, and establishes design standards to enhance and malntaiII the character and economic viability of Old Town. This goal is not applicable because the Specific Plan is not located within the Old Town area of the City of Temecula. This goal is not applicable because it is a City directed goal. Goal 7: Orderly annexation and development of unincorporated area within Temecula's Sphere of Influence. This goal is not applicable because the Harveston Specific Plan is not located within the unincorporated areas of Temecula's Sphere of lnfiuence. Goal 8: A City that is compatible and coordinated with regional land use patterns. Discussion: The Specific Plan land uses have been laid out consistent with the City of Temecula General Plan, which takes into account larger regional goals and policies. Additionally, the Specific Plan was coordinated with the U.S. Army Corps of Engineers and the State Department of Fish and Game, which take a mare regional and comprehensive approach. Policies 8.1 Provide a pattern of land uses that maintain and enhance the viability of neighboring communities including the City of Murrieta, and the counties of Riverside and San Diego, through compatible uses and linkages. The compatibility between the Harveston project and the adjacent developments has been discussed in Policy 3.1. The architectural styles, design guidelines and development standards will create a development that will maintain and enhance the viability of neighboring communities including the City of Murrieta and the Counties of Riverside and San Diego. Compatible uses and linkages have been provided throughout the project. 8.2 Provide a system of open space that is coordinated with regional open space uses to comprehensively address the management and conservation of resources. The Arroyo Park open space proposed within the Harveston Specific Plan was coordinated with the United States Army Corps of Engineers and the California Department ofFish and Game as FEBRUARY 2001 12 LAND USE ELEMENT 8.3 8.4 a mitigation measure to address the management and conservation of resources. The Harveston Open Space and Recreation Plan (Figure 6.1) provides a system of open space that is .coordinated with the City-wide and regional system. The project will tie into the Santa Gertrudis Trail System, as well as provide a 10' wide easement along the western project boundary for regional trial systems. Participate with the Affport Land use Commission in the planning process in the preparation of the Comprehensive Land use Plan for the French Valley Airport, to the extent feasible. The policy is not applicable because the Harveston Specific Plan is not within the Comprehensive Land Use Plan for the French Valley Airport. Continue to participate with the Western Riverside Council of Governments in the preparation of plans and programs addressing regional issues, including the Growth Management Strategy, Comprehensive Transportation Plan, Water Resources Strategy, and School Facilities Plan. This Policy is the responsibility of the City of Temecula and not that of the Harveston project. The project will be reviewed for consistency with the City of Temecida Growth Management Program Action Plar~ In addition, transportation items have been addressed above (see Policy 3.3). Water resources andproject impacts have been discussed and mitigated as necessary in the project's Environmental Impact Report. An elementary school site is currently under construction on the project site and sufficient resources are available to accommodate the middle and high school students generated by the project. FEBRUARY 2001 13 e:uooo~coNstsrwc~voc CIRCULATION ELEMENT CIRCULATION ELEMENT Goal 1: Strive to maintain a Level of Service "D" or better at all intersections within the City during peak hours and Level of Service "C" or better during non-peak hours. Discussion: A Traffic Analysis for this project was prepared by Wilbur Smith Associates (dated July 19, 2000) and reviewed and approved by the City's Traffic Engineer. According to the Analysis, impacts from the project at opening year (2002) and at project buildout (2005) result in a minimum Level of Service D at all critical intersections within the vicinity of the project provided that certain transportation improvements are made by the project. Ten intersections have been identified as needing improvements (2005 with 2 of the 10 requiring improvements at year 2002). These improvements are located at the following intersections: · Winchester & Ynez Roads; · Winchester Road & 1-15; · Winchester Road & Jefferson Avenue; · Winchester & Margarita Road; · Overland Drive & Margarita Road; · Overland Drive & Ynez Road; · Overland Drive & Jefferson Avenue; · Murrieta Hot Springs & Margarita Roads; · Murrieta Hot Springs & Alta Murrieta Roads; Murrieta Hot Springs & Jefferson Avenue. Overall project impacts (percentage) to these intersections have been identified in the EIR. Mitigation measures have been included within the project's Environmental Impact Report to ensure that this Goal is met. Po~ci~ 1.1 Establish street standards and all new roadway facilities shall be constructed or upgraded to meet City standards where feasible. The proposed Specific Plan includes a Circt~lation Plan and standards, which will dictate construction and upgrade of the roadway facilities consistent with City standards. All roadway and intersection designs will comply with City standards providing safe and efficient traffic patterns and circulation. 1.2 Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior m, or concurrent with, project development. Please see consistency analysis for Goal 1, above. 1.3 Use the Circulation Element Roadway Plan to guide detailed planning and implementation of the City's roadway system. FEBRUARY 2001 14 ~:uooo~m~av~co~atrr~crvoc CIRCULATION ELEMENT 1.4 1.5 The Circulation Plan within the Harveston Specific Plan has been produced based on the City's Circulation standards. Pursue trip reduction and transportation systems management measures to reduce and limit congestion at intersections and along streets within the City. Please see consistency analysis for Goal 1, above. Trip reduction measures include: · Transit provisions · Location of housing near employment areas · An extensive bicycle path network · An extensive walking/pedestrian network Transportation System Management measures include (General Plan): · Adding turn lanes or restricting turning movements during peak traffic periods at congested intersections · Widening of intersection approaches to accommodate additional through movement lanes or to improve visibility · Installation of bus turnout bays · Pavement marking modifications/improvements · Completion of "missing links" in the roadway network Update every three years, or as needed, "build-out" traffic forecasts to monitor the impact of development approvals and the adequacy of the Circulation Element Roadway Plan. The policy is not applicable because it is a City directed policy. Goal 2: Enhance traffic safety on City streets. Discussion: The Circulation Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan area. A Loop Road is included within the circulation plan for ease of access to different residential planning areas, reducing undesirable through traffic within the residential areas. The Circulation Plan encourages safety for all pedestrian traffic by separating vehicular and pedestrian traffic, especially in commercial and high-density areas. As such, the plan includes a safe and efficient paseo, urban trail and sidewalk network, providing pedestrian and bicycle circulation in conjunction with the roadway network. Pol~ies 2.1 The City shall enforce speed restrictions throughout the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 15 v:~ooo~v~ozavcoNstrr~c~oc CIRCULATION ELEMENT 2.2 2.3 2.4 2.5 Require that future roads and improvements to existing roads be designed to minimize traffic conflicts such as those which result from curb parking maneuvers and uncontrolled access along heavily traveled roadways. The Circulation Plan within the Harveston Specific Plan minimizes traffic conflicts and promotes safe traffic circulation within the Specific Plan area. A Loop Road is included within the circulation plan for ease of access to different residential planning areas, reducing undesirable through traffic within the residential areas. Require that the development of new private driveways do not introduce significant traffic conflicts along major streets and primary residential collectors roads. The Harveston Specific Plan does not propose new private driveways off of the major streets or primary residential collector roads. Three project entries are proposed off the major streets (2 on Margarita Road and 1 on Date Street). Internal to the project, neighborhoods will access the Loop Road. All driveway locations are subject to review and approval of the Director of Public Works. Require that vehicular and pedestrian traffic be separated to the maximum extent feasible. The Circulation Plan within the Harveston Specific Plan encourages safety for all pedestrian traffic by separating vehicular and pedestrian traffic, especially in commercial and high density areas. As such, the plan includes a safe and efficient paseo, urban trail and sidewalk network, providing pedestrian and bicycle circulation in conjunction with the roadway network. Establish an ongoing maintenance_program to ensure the safety of the City's roadway system. This policy is not applicable because it is a City directed policy. Goal 3: A regional transportation system that accommodates the safe and efficient movement of people and goods to and from the community. Discussion: The Harveston Specific Plan includes City-wide and regional circulation roadways. The Specific Plan currently includes roadway segments, which are consistent with the City's General Plan Circulation Element (Margarita Road, Date Street, Ynez Road). In addition, a City directed alternative has been included in the Plan. With the inclusion of the project's roadway network, transit provisions, bicycle and pedestrian pathways, the project will contribute to this goal of accommodating the safe and efficient movement of people and goods to and from the community. Policies 3.1 Support the completion of the Riverside County Master Plan of Arterial Highways. The Circulation Plan within the Harveston Specific Plan includes roadway extensions and future improvements consistent with the City's existing Circulation Element Plan. FEBRUARY 2001 16 CIRCULATION ELEMENT 3.2 3.3 3.4 3.5 3.6 3.7 Actively pursue the construction of a new interchange north of Winchester Road and other recommended system improvements outside its jurisdiction in cooperation with Caltrans, the City of Murrieta, Riverside County, and local developers. Measures should be taken to preserve anticipated right-of-way needs and to identify funding mechanisms for the interchange improvements. The location of a new interchange north of Winchester Road is currently being reviewed through a Project Study Report (PSR) by Caltrans. It is anticipated that Caltrans will complete this review by mid-2001 and the location for this interchange will be determined. The project contains two alternatives for the location of this interchange. Subdivision maps are also being processed which will reserve additional right-of-way for the ultimate location for the interchange. It should be noted that the applicant will support the City's efforts to design and secure jurisdictional approval for the construction of a new interchange at 1-15 at Cherry and/or Date Street. Actively pursue the improvements to existing interchanges within the City and construction of new overpasses as required to achieve the adopted service level standards. Reference response to Policy 3.2. In arl~tition, a mitigation measure in the project's EIR requires improvements to the bl5/Winchester Road interchange. This mitigation would help achieve level of service standards required in Goal 3. Coordinate with the Riverside Transit Agency to provide fixed route mmsit service (bus or shuttle) along major transportation corridors connecting to regional employment and commercial areas, airports, health care facilities, and major recreation areas. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston EIR preparation. Provide for express transit service through implementation of park-and-ride facilities along regional transportation corridors. This policy is not applicable because it is a City directed policy, and park-and-ride facilities are not proposed with the Harveston project. Coordinate with Western Riverside Council of Governments to identify, protect, and pursue opportunities for a light rail transit along major transportation corridors which connect Temecula to other population centers. This policy is not applicable because it is a City directed policy, and it is the responsibility of the City of Temecula. Encourage the formation of a special Southwest County agency or task force which would be responsible for identifying and prioritizing selected system improvements having regional significance and the development of funding sources which would allow for the timely implementation of these improvements. FEBRUARY 2001 17 CIRCULATION ELEMENT This policy is not applicable because it is a City directed policy, and it is the responsibility of the City of Temeculc~ Goal 4: An efficient City circulation system through the use of transportation system management and travel demand management strategies. Discussion: This goal is not applicable because it is a City directed goal. However, the Harveston EIR incorporates Travel Demand Management (TDM) requirements, as mitigation measures, consistent with the Air Quality Management Plan (AQMP). The proposed project will comply with the conditions and requirements set forth by the City of Temecula and will implement all traffic signals as required by the traffic study in order to maximize efficient flow of traffic. The Harveston Specific Plan includes a comprehensive pedestrian trail system and incorporates features such as bus turnouts and shelters, as required by the Director of Public Works and the Riverside Transit Agency (RTA). Policies 4.1 Establish a City-wide Circulation System Phasing and Financing Program for the orderly implementation of system improvements identified in the Circulation Element. This policy is not applicable because it is a City directed policy. 4.2 Require proper spacing and interconnect txaffic signals where feasible to maximize the smooth progression of traffic flows and to minimize delay and stop and go conditions which result in higher vehicle emissions and noise levels. The proposed project will comply with the conditions and requirements set forth by the City of Temecula and will implement all traffic signals as required by the traffic study in order to maximize efficient flow of traffic. 4.3 Discourage the provision of on-street (curbside) parking along principal arterial roadways to minimize traffic conflicts and increase the traffic carrying capacity of these roadways. The Specific Plan does not propose on-street parking along the principal arterial roadways (i.e., Date Street, Margarita Road, and Ynez Road). 4.4 Require new development to incorporate design features which facilitate transit service and encourage transit ridership such as bus pullout areas, covered bus stop facilities, efficient trail systems through projects to transit stops, and incorporation of pedestrian walkways that pass through subdivision boundary walls. The Harveston Specific Plan includes a comprehensive pedestrian trail system and incorporates features such as bus turnouts and shelters, as required by the Director of Public Works and the Riverside Transit Agency (RTA ). FEBRUARY 2001 18 e:eooo~6o~aeco~s~rr~c~r~c CIRCULATION ELEMENT 4.5 4.6 4.7 Require specific plans and other mixed use projects to provide an internal system of trails linking schools, shopping centers, transit, and other public facilities within residential areas. The Harveston Specific Plan includes an extensive internal system of trails/paseos that connect the Mixed Use Village Center to the school, the lake~lake park and community park, and different residential areas. Provide a comprehensive system of Class I and/or Class 1I bicycle lanes to meet the needs of cyclist traveling to and from work and other destinations within the City. Consistent with the City of Temecula General Plan, the Harveston Specific Plan provides Class 11 bicycle lanes along most roadways within the Specific Plan area for recreational as well as ease of access between different planning areas and uses. (See Figure 4.8, Bicycle Plan). Encourage a mix of uses within a project designed to maximize internal trip making, maximize the use of parking facilities, and to promote a shift from auto use to pedestrian and bicycle modes of travel. The proposed project is pedestrian oriented encouraging internal movement between the different uses and planning areas via trails and bike lanes. 4.8 Encourage the provision of additional regional public transportation services. 4.9 4.10 4.11 The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston EIR preparation. Require transportation demand management plans to be submitted for preliminary review at the Specific Plan or Plot Plan stage of site development and submitted for final approval prior to the issuance of building permits, in accordance with the City's Transportation Demand Management Ordinance. The Harveston EIR incorporates Travel Demand Management (TDM) requirements, as mitigation measures, consistent with the Air Quality Management Plan (AQMP). Encourage the implementation of employer Travel Demand Management (TDM) requirements included in the Southern California Air Quality Management District's Regulation 15 of the Air Quality Management Plan. The Harveston EIR incorporates TDM requirements as mitigation measures consistent with the AQMP. The City shall establish a local Congestion Management Plan and monitor the performance and effectiveness of travel demand management programs within the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 19 CIRCULATION ELEMENT Goal 5: An adequate supply of private and public parking to meet the needs of residents and visitors of the City. Discussion: The proposed Specific Plan contains parking requirements and standards (see Section ILO, Development Standards) to provide adequate parking facilities on-site. A tapered street section will be used at internal neighborhood intersections and in locations where on-street parking is otherwise adequately provided. Adequate on-street parking has been defined in Section 11 of the Specific Plan. The Mixed Use Village Center provides the opportunity for "shared joint use parking" which helps minimize the number of ingress and egress points. Policies 5.1 Enforce City parking ordinances and standard design requirements which apply. The Harveston Specific Plan is prepared based on the City's General Plan and other applicable ordinances (i.e., parking ordinances) and standard design requirements. Parking standards, are contained in Section 11.0, Development Standards, of the Specific Plan. 5.2 Require the consolidation of parking, and related circulation facilities, where appropriate, to minimize the number of ingress and egress points onto arterials. The Mixed Use Village Center provides the opportunity for "shared joint use parking" which helps minimize the number of ingress and egress points. 5.3 Provide additional public parking in the Old Town area where feasible through common parking areas or establishment of a parking district. This policy is not applicable because the Harveston Specific Plan is not within the Old Town Specific Plan area. 5.4 Require project developers to provide adequate on-site parking and/or to contribute to a program to acquire and maintain off-site facilities. The proposed Specific Plan contains parking requirements and standards (see Section I1.0, Development Standards) to provide adequate parking facilities on-site. 5.5 Encourage underground parking or parking structures where economically feasible in commercial The proposed Specific Plan contains parking requirements and standards (see Section ILO, Development Standards) to provide adequate parking facilities on-site. Additional measures will be incorporated to meet the demand and requirement in commercial areas. 5.6 Encourage joint development of parking facilities (e.g. joint-use of parking facilities) where feasible to maximize the efficient use of available parking. FEBRUARY 2001 20 e:xzw*sm~oz~coNstrr~scr, ooc CIRCULATION ELEMENT The proposed Specific Plan contains parking requirements and standards (see Section ILO, Development Standards) to provide adequate parking facilities on-site. Additional measures will be incorporated to maximize efficiency. Goal 6: Safe and efficient alternatives to motorize travel throughout the City. Discussion: The proposed project provides for a separate system of paseo/trails that will be utilized by pedestrians and non-motorized modes of transportation. This system provides for ease of access between the different planning areas. This system of trails will also connect to the regional trails for ease access to other areas within the City. Policies 6.1 Promote the safety of pedestrians and bicyclist by adhering to uniform trail standards and practices and communicating safety practices to the public. Unless modified through this Specific Plan, all trails shall be constructed to ultimate City standards and practices that will ensure public safety. 6.2 Off-street bicycle and equestrian trails should minimize the number of locations where automobile cross traffic will be experienced. The proposed project provides for bicycle trails throughout the project site (see Figure 4.8, Bicycle Plan). The Specific Plan's loop road system will minimize the number of locations for automobile cross traffic. 6.3 Ensure accessibility of pedestrian facilities to the elderly and disabled. The Harveston Specific Plan seeks to ensure accessibility of facilities to all users, including the elderly and the disabled. ADA standards will be complied with throughout the Specific Plan. 6.4 Traffic signals along bike routes and where significant pedestrian activity is present shall be properly timed and periodically adjusted to allow for the safe movement of these non-motorized modes. The proposed Specific Plan includes a Circulation Plan and standards, which will dictate construction and upgrade of the roadway facilities consistent with City standards. All roadway and intersection designs will comply with City standards providing safe and efficient traffic patterns and circulation. 6.5 Adequate linkages shall be provided for non-motorized modes, between residential areas and commercial / employment activity centers, public institutions, and recreation areas. The proposed project provides for ease of access between the different planning areas by non- motorized modes of transportation. As such, the project includes designated trail systems for use by pedestrians and bicycles and other non-motorized modes of transportation. FEBRUARY 2001 21 p:uooo~x~oz~ecoNstzmvc~ooc CIRCULATION ELEMENT 6.6 Motorized vehicles and motorized cycles shall be prohibited from using the City's recreation trail system. The Harveston Specific Plan provides for a separate system of paseos/trails that will be utilized by pedestrians and non-motorized cycles only. Motorized vehicles and motorized cycles will be prohibited from using the pedestrian designated paseos/trails within the Specific Plan. Goal 7: A truck circulation system that provides for the safe and efficient transport of commodities and also minimiTes noise, air pollution and traffic impacts to the City. Discussion: The Circulation Plan for Harveston project is based on the City of Temecula Circulation Element and does not designate primary truck routes on roadways providing access to different residential areas within the project site. The proposed project provides for measures to facilitate access and loading by trucks in order to minimize any potential circulation conflicts. 7.1 Designate primary truck routes on selected arterial streets to minimize the impacts of truck traffic on residential areas. The Harveston Specific Plan Circulation Plan is based on the City of Temecula Circulation Element and does not designate primary truck routes on roadways providing access to different residential areas within the project site. 7.2 Require loading a~ea~ and access ways for trucl~ that minimize or eliminate conflicts with automotive and pedes~an areas to maintain safe and efficient traffic circulation. The proposed project provides for measures (see Section ILO, Development Standards) to facilitate access and loading by trucks in order to minimize any potential circulation conflicts. FEBRUARY 2001 22 HOUSING ELEMENT HOUSING ELEMENT Goal 1: A diversity of housing opportunities that satisfies the physical, social and economic needs of existing and future residents of Temecula. Discussion: The Specific Plan will provide 1,921 dwelling units on a wide range of lots to accommodate the existing and projected housing needs in the City. The residential development will provide a range of housing type options in terms of cost, density and type. The Harveston Specific Plan includes a wide variety of housing types within each density category and proposes a sustainable land use concept by incorporating the open space and recreational opportunities through a generous selection of park types. Policies 1.i Provide an inventory of land at varying densities sufficient to accommodate the existing and projected housing needs in the City. The Harveston Specific Plan provides 1,921 dwelling units on individual lots ranging in size from 2,000 to 5,000 square feet. The target density for the proposed project is 6.3 dwelling units per acre. The Harveston Specific Plan also includes 300 high-density residential dwelling units at a target density of 17.8 units per acre. In addition to the high density, three densities of Low Medium (578 dwelling units), Medium 1 (475 dwelling units), and Medium 2 (568 dwelling units), are included in the Specific Plan. The proposed housing types will provide a range of opportunity, which will satisfy the needs of various segments of the local housing market. 1.2 Encourage residential development that provides a range of housing types options in terms of cost, density and type, and provides the opportunity for local residents to live and work in the same community by balancing jobs and housing types. The proposed project introduces a wide range of housing type in terms of cost, density and design in order to meet the needs of the different segments of the local population. The project also includes commercial uses, which would create jobs locally and regionally. 1.3 Require a mixture of diverse housing types and densities in new developmems around the mixed use village centers to enhance their people-orientation and diversity. The Harveston Specific Plan proposes high density housing in the Mixed Use Village Center overlay along with other uses. Additionally, in close proximity to the Mixed Use Village Center are proposed a variety of housing types and densities. 1.4 Support the use of innovative site planning and architectural design in residential development. The proposed project includes a wide variety of housing types within each density category. These varieties are achieved through innovative site planning and design and will cater to the needs of different groups of clients. FEBRUARY 2001 23 ~:eoo~s~coNs~rr~czvoc HOUSING ELEMENT 1.5 1.6 Encourage the use of clustered development to preserve and enhance important environmental resources, and maintain important areas in open space. The Harveston Specific Plan proposes an efficient land use concept where different residential development types, including clustered development, are introduced and vast areas of open space are incorporated throughout the Specific Plan in the form ora community park mini parks, paseo park, lake, lake park, arroyo park, and paseos. Promote the development of compatible mixed use projects that promotes and enhances the village concept, facilitates the efficient use of public facilities, and supports alternative transit options. The Harveston Specific Plan is a project that incorporates different types of uses such as residential, service commercial, school, parks, and Mixed Use Village Center. Within the Mixed Use Village Center there is a wide range of uses which promote a pedestrian oriented concept (see Figure 11.16, Mixed Use Village Center Pedestrian Circulation). Paseos, trails, and bike lanes are provided for ease of access to recreational and other public facility uses (i.e., school, and church). Goal 2: Affordable housing for all economic segments of Temecula. Discussion: The Harveston Specific Plan is promoting a variety of housing opportunities that accommodate the needs of all economic levels of the population, and is providing opportunities to meet the City's fair share of Iow- and moderate-income housing. The project includes housing affordable to households with earnings in excess of approximately 120percent of the current median income of the County of Riverside. The higher density dwelling units will be more affordable to buyers as well as renters. Policies 2.1 Promote a variety of housing opportunities that accommodate the needs of all economic levels of the population, and provides opportunities to meet the City's fair share of low- and moderate- income housing. The Harveston Specific Plan provides 1,921 dwelling units on individual lots ranging in size from 2,000 to 5,000 square feet. The target density for the proposed project is 6.3 dwelling units per acre. The Harveston Specific Plan also includes 300 high-density residential dwelling units at a target density of 17.8 units per acre. In addition to the high density, three densities of Low Medium (578 dwelling units), Medium 1 (475 dwelling units), and Medium 2 (568 dwelling units), are included in the Specific Plan. The proposed housing types will provide a range of opportunity, which will satisfy the needs of various economic levels of the local housing market. 2.2 Support innovative public, private and non-profit efforts in the development of affordable housing, particularly for special needs groups. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 24 HOUSING ELEMENT 2.3 2.4 Encourage the use of non-traditional housing models, including single-room occupancy smactures (SRO) and manufactured housing, to meet the needs of special groups for affordable housing, temporary shelter and/or u'ansifional housing. This policy is not applicable because it is a City directed policy. Pursue all available forms of private, local, state and federal assistance to support development and implementation of the City's housing programs. The proposed Harveston project includes housing affordable to households with earnings in excess of approximately 120 percent of the current median income of the County of Riverside. The higher density dwelling units will be mare affordable to buyers as well as renters. Goal 3: Removal of governmental constraints in the maintenance, improvement and development of housing, where appropriate and legally possible. This goal is not applicable because it is a City directed goal. Policies 3.1 Provide reasonable processing time and fees for new construction or rehabilitation of housing. This policy is not applicable because it is a City directed policy. 3.2 Consider mitigating development fees for projects providing affordable and senior citizen housing. This policy is not applicable because it is a City directed policy. 3.3 Periodically review City development standards to ensure consistency with the General Plan and to facilitate high-quality affordable housing. This policy is not applicable because it is a City directed policy. Goal 4: Conservation of the existing affordable housing stock. This goal is not applicable because it is a City directed goal. Policies 4.1 Monitor and regulate, if necessary, the number of affordable units eligible for conversion to market-rate units and develop programs to minimize the loss of these units. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 25 HOUSING ELEMENT 4.2 4.3 Develop rehabilitation programs that are directed at preserving the integrity of the housing stock. This policy is not applicable because it is a City directed policy. Support the efforts of private and public entities in mainta/ning the affordability of units through implementation of energy conservation and weatherization programs. This policy is not applicable because it is a City directed policy. Goal 5: Equal housing opportunity for all residents in Temecula. Discussion: The Harveston Specific Plan promotes housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, age, physical handicap, or color. PoHcies 5.1 Encourage and support the enforcement of laws and regulations prohibiting the discrimination in lending practices in the sale or rental of housing. The Harveston Specific Plan promotes housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, age, physical handicap, or color. 5.2 Assure and support the efforts of others to ensure that unrestricted access to housing is available to all segments of the community. The proposed project supports and encourages unrestricted access to housing to ali interested clients without discriminatior~ 5.3 Encourage housing design standards that promote the accessibility of housing for the elderly and disabled. The Specific Plan anticipates the use of certain residential product types by elderly and disabled, therefore, it incorporates the City's building codes and ADA measures in order to accommodate such use. 5.4 Encourage and consider supporting local private non-profit groups that address the housing needs of the homeless and other disadvantaged groups. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 26 ~:eooo~n~2vs~coNs~srescr. ooc OPEN SPACE / CONSERVATION ELEMENT OPEN SPACE ] CONSERVATION ELEMENT Goal 1: A high quality parks and recreation system that meets the varying recreational needs of residents. Discussion: A major feature of the Harveston Specific Plan is the system of parks and landscaped parkways with paseos, which link the lake complex, and school recreational facilities and the community park in the Open Space and Recreation Program. The Project Park Program is extensive and provides a vast array of recreational opportunities in which all members of the community can participate. Further, the program incorporates many diverse elements in a coordinated, cohesive plan that interrelates with and links the various neighborhoods of the community with each other and to certain destination points, such as the lake, school, parks and mixed-use village. Policies 1.1 Apply the policies and standards contained in the City's Park and Recreation Master Plan to acquire sufficient parkland and recreation facilities to support new development. The Harveston Specific Plan includes a substantial amount of open space as community park, mini parks, arroyo park, lake park, paseo park and paseos and trails throughout the development. The provision of parks and open space complies with the City's Park and Recreation Master Plan. 1.2 Require the dedication of parkland and development of facilities to be consistent with the Parks and Recreation Master Plan. The proposed plan complies with the Parks and Recreation Master Plan. 1.3 Require developers of residential projects greater than fifty dwelling units to dedicate land based on the park acre standard of five (5) acres of usable parkland to one thousand (1,000) population, or the payment of in-lieu fees in accordance with the parks and Recreation Master Plan. Adequate amount of parks and open space has been dedicated based on the above standards and calculations. 1.4 Park credit for land with floodplains shall be given in accordance with the Parks and Recreation Master Plan. This policy is not applicable because the project site does not contain any flood plains. 1.5 Pursue the joint use of public lands available and suitable for recreation purposes, including lands under the jurisdiction of the Riverside County Flood Control District, Southem California Edison, water districts, and other public agencies. This policy is not applicable because the project proposes community and neighborhood parks throughout the development, and it is not in close vicinity of any public lands that can be utilized for joint use. FEBRUARY 2001 27 OPEN SPACE / CONSERVATION ELEMENT 1.6 1.7 1.8 1.9 1.10 Encourage the enhancement and preservation of significant natural features, including riparian areas, rock outcroppings, sensitive habitat areas and viewpoints through park design and site development. One feature of the Harveston Specific Plan is the Arroyo Park, which is a naturalistic park that preserves the existing creek bed and creates a riparian environment. The Arroyo Park will provide a different recreational experience to the residents of the community. Encourage the enhancement and preservation of historic structures and landscape features in the design, development and use of parks. The design and development of the different parks within the Specific Plan area will be based on extensive use of landscape features to create a unique experience. No historic structures exist within the project area. Encourage public safety and compatibility with adjacent use in park design and development, including location of buildings, activity areas, lighting and parking. Design features such as special architectural treatment, perimeter and interior landscaping, and lighting will be incorporated into the project for safety and compatibility with the adjacent uses. The Community Park has been designed consistent with City standards (see Figure 6.3, Community Park Detail). Coordinate long range park and open space planning with Riverside County and the City of Murrieta. This policy is not applicablq because it is a City directed policy. Maximize pedestrian and bicycle access to existing and new parks as an alternative to automobile access. The Specific Plan project proposes extensive trails and bike lanes that would connect to all the different planning areas and uses, including parks. 1.11 Encourage jo'mt recreational use between school and park facilities when appropriate. 1.12 This policy is not applicable because the community park and the proposed elementary school are not in close adjacency to one another, therefore making it difficult to encourage true joint use. Consider the establishment of development impact fees to cover the cost of capital improvements for parks and recreation facilities needed to serve new development. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 28 P:~oo~mga~pcoNstrr~cr. ooc OPEN SPACE / CONSERVATION ELEMENT Goal 2: Conservation and protection of surface water, groundwater and imported water resources. Discussion: The Harveston Specific Plan will coordinate with Riverside County Flood Control District to design necessary flood control improvements for Murrieta Creek and Temecula Creek that preserve the important natural features and resources of the local creeks and the riparian forest of the Santa Margarita River Watershed, to the maximum extent feasible. The project will protect groundwater in cooperation with the Rancho California Water District and conserve potable water by requiring water conservation techniques in all new development. The project will also encourage utilization of reclaimed water, if available, for irrigation and other appropriate uses. Policies 2.1 Coordinate with Riverside County Flood Control District to design flood control improvements for Murdeta Creek and Temecula Creek that preserve the important natural features and resources of the local creeks and the riparian forest of the Santa Margarita River, to the maximum extent feasible. The Harveston Specific Plan provides for drainage and flood control facilities and improvements in accordance with the City of Temecula and the Riverside County Flood Control District requirements. (See Section 5.0, Infrastructure Plan). 2.2 Identify and protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water Disu'ict. The proposed project will comply with standard specifications to protect groundwater resources from depletion and sources of pollution in cooperation with the Rancho California Water District. 2.3 Conserve potable water by requiring water conservation techniques in all new development. The Harveston Specific Plan will comply with Title 20, California Administrative Code Section 1604 09 (Appliance Efficiency Standards), which establish efficiency standards that set the maximum flow rate of all new showerheads, lavatory faucets, etc., as well as Health and Safety Code Section 17621.3 which requires Iow-flush toilets and urinals in virtually all buildings. 2.4 Use reclaimed water for the irrigation of parks, golf courses, publicly landscaped areas and other feasible applications as service becomes available from RCWD and EMWD. The proposed project will encourage utilization of reclaimed water, if available, for irrigation and other appropriate uses. FEBRUARY 2001 29 P:~ooozN~coNs~sr~cr. voc OPEN SPACE / CONSERVATION ELEMENT 2.5 2.6 2.7 2.8 2.9 2.10 Require the use of soil management techniques to reduce erosion, eliminate off-site sedimentation, and prevent other soil-related problems that may adversely affect waterways in the commtlniry. All construction activities that results in the disturbance of at least five acres of totul land area or activity which is part of a larger common plan of development of five acres or greater, will obtain the appropriate State general permit for National Pollution Discharge Elimination System (NPDES) permits and pay the appropriate fees. All development within the Specific Plan boundaries will be subject to future requirements adopted by the City to implement the NPDES prograrra Mitigation measures may include, but not be limited to: onsite retention; covered storage of all outside storage facilities; vegetated swales; monitoring programs, etc. Regulate and manage lands adjacent to or affecting watercourses as stipulated by the Regional Water Resources Control Board. This policy is not applicable because it is a City directed policy. The Specific Plan Project has, however, obtained 401 permits from the RWQCB. Ensure that approved projects have filed a Notice of Intent and Stormwater Pollution Prevention Plan in accordance with the Federal Clean Water Act, prior to issuance of building permits. This policy is not applicable because it is a City directed policy. The EIR does, however, require filing of a Notice of lntent as mitigation. Ensure adequate inspection and enforcement of the requirements of General Construction Permits, particularly related to erosion contxol during grading and construction. This policy is not applicable because it is a City directed policy. Participate in regional planning for the Santa Margarita River Watershed in conjunction with Federal, State, Regional and local agencies, and non-profit organization. This policy is not applicable because it is a City directed policy. Participate in water resources management planning to facilitate the long-term availability of water resources for western Riverside County. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 30 p:~o:o~sj~o~coNstrr~c~oc OPEN SPACE / CONSERVATION ELEMENT Goal 3: Conservation of important biological habitats and protection of plant and animal species of concern, wildlife movement corridors, and general biodiversity. Discussion: Based upon the findings of the biological studies performed for the site, the proposed project site does not include significant onsite biological resources. The project proposes an arroyo park, which will include the creation of a riparian habitat. The Arroyo Park will be developed consistent with the mitigation requirement and permits of the U.S. Army Corps and State Department of Fish and Game. The Specific Plan will also incorporate local native vegetation, mature trees, and/or other significant vegetation into the landscape design of the proposed development. Polides 3.1 Require development proposals to identify significant biological resources and provide mitigation, including the use of adequate buffering; selective preservation; the provision of replacement habitats; the use of sensitive site planning techniques including wildlife corridor/recreational txails; and other appropriate measure. Based upon the findings of the biological studies performed for the site, the proposed project site does not include significant onsite biological resources. The project proposes an arroyo park, which will include the creation of a riparian habitat. The Arroyo Park will be developed consistent with the mitigation requirement of the U.S. Army Corps and State Department ofFish and Game. 3.2 Work with State, regional and non-profit agencies and organizations to preserve and enhance significant biological resources on publicly owned lands. This policy is not applicable because it is a City directed policy. 3.3 Coordinate with the County of Riverside and other relevant agencies in the adoption and implementation of the Riverside County Multi-Species Habitat Conservation Plan. This policy is not applicable because it is a City directed policy. 3.4 Encourage developers to incorporate native drought-resistant vegetation, mature trees, and other significant vegetation into the site and landscape design for proposed projects. The Harveston Specific Plan will incorporate local native vegetation, mature trees, and/or other significant vegetation into the landscape design of the proposed development (see Section 10.0, Design Guidelines). 3.5 Maintain an inventory of existing natural resources in the City through periodic updates of the Master Environmental Assessment. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 31 r:eoo~ss~o~a~coNs~sr~cr~oc OPEN SPACE / CONSERVATION ELEMENT 3.6 3.7 Limit the recreational use of designated open space areas where sensitive biological resources are present. This policy is not applicable because it is a City directed policy. Maintain and enhance the resources of the Temecula Creek, Santa Margarita River, Pechanga Creek and other water ways to ensure the long-term viability of the habitat, wildlife, and wildlife movement corridors. This policy is not applicable because it is a City directed policy. Goal 4: Conservation of energy through the use of available technology and conservation practices. Discussion: To reduce energy use, the proposed Specific Plan will utilize energy saving techniques such as orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, providing properly insulated walls and providing simple heat storage systems such as dual-paned windows. The project development will also include utilization of energy efficient building materials for construction in order to reduce energy use. PoHcies 4.1 -Encourage the use of site planning techniques, building orientation and building design that reduce energy use. To reduce energy use, the proposed Specific Plan will utilize energy saving techniques such as orienting buildings properly (£e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, providing properly insulated walls, and providing simple heat storage systems such as dual-paned windows. 4.2 Require the use of energy efficient building materials to reduce energy use. Besides using the above techniques, the project development will also include utilization of energy efficient building materials for construction in order to reduce energy use. Goal 5: Conservation of open space areas for a balance of recreation, scenic enjoyment, and protection of natural resources and features. Discussion: The Specific Plan will conserve open space areas for a balance of recreation, scenic enjoyment and protection of natural resources and features by including clustered housing as part of its land use proposal, and by dedicating substantial areas of open space as FEBRUARY 2001 32 ~:uooo~v~sr2~PcoNstsmvc~voc OPEN SPACE / CONSERVATION ELEMENT PoHcies 5.1 5.2 5.3 5.4 5.5 community park, mini parks, arroyo park, lake, lake park, paseo park, and extensive paseos and trail systerr~ 5.6 5.7 Pursue the conservation of the western and southern ridgelines, the Santa Margarita River, slopes in the Sphere of Influence, and other important landforms and historic landscape features through the development review process and as a condition of project approval. This policy is not applicable because it is a City directed policy. Identify significant viewsheds to proposed projects that may be preserved through the dedication of open space or the use of sensitive grading, site design and building techniques. This policy is not applicable because it is a City directed policy. Encourage the use of clustered development and other site planning techniques to maximize the preservation of open space. The Harveston Specific Plan includes clustered housing as part of its land use proposals, and it dedicates substantial areas of open space as community park, mini parks, arroyo park, lake, lake park, paseo park, and extensive paseos and trail system. Retain and improve the quality of landscaping in parkways, public slopes, rights-of-way, parks, civic facilities and other public open areas. The Design Guidelines Section (10.0) of the Specific Plan includes landscaping guidelines, which proposes landscaping of high standards and quality for the entire site. Coordinate with Homeowner's Association to maintain landscaping along slopes adjacent to public fight-of-ways. The Harveston Specific Plan includes a maintenance plan (see Figure 12.2) which outlines the future maintenance responsibilities of slopes, roadways and public and private open space and recreational facilities. Landscape sections, which identify maintenance responsibilities, are also included in Section 12.0. Coordinate with Homeowner's Associations to maintain landscaping along slopes adjacent to public fight-of-ways. The Harveston Specific Plan has dedicated parkland in conformance with the policies and standards of the Park and Recreation Master Plan of the City of Temecula. The Specific Plan included a maintenance plan, which addresses maintenance responsibilities adjacent to Public right-of-way. Require adequate open space in new development for both passive and active recreation. FEBRUARY 2001 33 p:eooo~z~coNs~rrrnc~oc OPEN SPACE / CONSERVATION ELEMENT 5.8 5.9 5.10 5.11 5.12 The Harveston Specific Plan has dedicated adequate amounts of open space for both active and passive recreation, based on the requirements of the TCSD. Require the vegetation of graded slopes concurrent with project development to minimize erosion and maintain the scenic character of the community. Vegetation of graded slopes will be required in order to minimize erosion and visual impacts concurrent with project development. Require the connection of open space and recreation areas to adjacent developments and publicly owned recreation areas where appropriate. The proposed trail system will connect to the public Community Park which, is part of the Specific Plan area and also to City wide trails and the existing Margarita Park located off- site. Study the feasibility of establishing a System of Transferable Development Credits, in conjunction with the County, to conserve open space or agricultural uses. This policy is not applicable because it is a City directed policy. Incorporate seismic hazard safety zones into valley-wide open space and park systems. This policy is not applicable because it is a City directed policy. Encourage the use of native vegetation where re-vegetation and landscaping is to occur. The proposed plan will utilize native vegetation for the re-vegetation of the Arroyo Park. Goal 6: Preservation of significant historical and cultural resources. Discussion: This goal is not applicable because according to the Initial Study (and the City of Temecula General Plan), the site does not contain any sensitive archaeological resources. Although the study found no paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not Occur. Policies 6.1 Maintain an inventory of areas of sensitive archaeological/paleontological sensitivity in the planning area. According to the Initial Study (and the City of Temecula General Plan), the site does not contain any sensitive archaeological resources. The cultural resources study that was prepared concluded the same. Although paleontological sites were not found on the site, FEBRUARY 2001 34 OPEN SPACE / CONSERVATION ELEMENT 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Require sites proposed for future development to be evaluated for archaeological resources in accordance with the procedures established in a Memorandum of Agreement with the Eastern Information Center at UC Riverside. A cultural resource study was performed evaluating for archaeological resources in conformance with the procedures established in a Memorandum of Agreement with the Easter Information Center at UC Riverside. Require sites proposed for future development that are identified in this Element as being of high or undetermined paleontological sensitivity to be evaluated by a qualified vertebrate paleontologist. Although the study found no paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of EIR mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Require sites containing significant archaeological or paleontological resources to either preserve identified sites or provide for the professional retrieval of artifacts prior to development. Implementation of the mitigation measures contained in the EIR will ensure that exposure of cultural resources during grading/conservation does not occur. Require that a certified archaeologist and/or paleontologist be present on site during grading, earth moving, or demolition of s~xuctures when these resources have been discovered during consmaction, and for sites designated or potentially designated as culturally significant in order to ensure these sites are preserved and protected. Native American observers may be requested to be present on site to observe and retrieve cultural resources when deemed necessary by a certified archaeologist or paleontologist and/or when mandated by state law. Although the cultural resources study performed did not identify any paleontological sites, project implementation could expose fossils through grading and other development activities. Implementation of mitigation measures will ensure that exposure of cultural resources during grading/construction does not occur. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project is not in Old Town Specific Plan area. Not applicable because project does not contain historic structures on-site. FEBRUARY 2001 35 OPEN SPACE / CONSERVATION ELEMENT 6.10 Not applicable because project does not contain historic structures on-site. 6.11 Not applicable because project does not contain historic structures on-site. Goal 7: Protection of prime agricultural land from premature conversion to urbanized uses. This goal is not applicable because the Harveston Specific Plan site does not contain any prime agricultural land, which would be converted to urbanized uses. Goal 8: A trail system that serves both recreational and transportation needs. Discussion; The proposed Harveston Specific Plan trail system proposed connections to the City wide trail system~ It also seeks to create a pedestrian friendly environment where extensive trails and bike lanes are provided for ease of access between different planning areas and land uses. PoHc~s 8.1 Provide a City-wide recreation system that connects to the County's regional trail system through adoption of a Master Plan of Trails that provides for bicycling, equestrian, hiking and jogging trails and support facilities. This policy is not applicable because it is a City directed policy. 8.2 Negotiate land deeds as necessary to implement the City-wide trail system 8.3 8.4 This policy is not applicable because it is a City directed policy. Require proposed development to provide trail connections to the cit~-wide trail system as def'med by the Parks and Recreation Master Plan and Master Plan of Trails. The proposed Harveston Specific Plan trail system proposes connections to the City-wide trail system, according to the Parks and Recreation Master Plan and Master Plan of Trails. Require development plans to identify locations for an internal trails/sidewalk system that links land uses and provides convenient travel to transit facilities. The Specific Plan seeks to create a pedestrian friendly environment where extensive trails and bike lanes are provided for ease of access between different planning areas and land uses. FEBRUARY 2001 36 OPEN SPACE / CONSERVATION ELEMENT Goal 9: Protection of dark skies from intrusive light sources, which may impact the Palomar Observatory Discussion: The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce light and glare impacts to the operations at the Observatory, outdoor lighting will be from low-pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizon plane passing through the luminare. Current supplies of electrical service have been strained due to recent de-regulation of the power industry. Recent shortages in generation capacity may require residents and business owners to pay higher costs for electricity or accept limitations required by the utility purveyors during periods of limited supply. The State of California is in the process of addressing this issue, us it is a Statewide and regional issue. Limitations will be resolved as new generating capacity is brought on line over the next few years. The project will be developed in stages and is anticipated to commence construction in early-2001. Polkies 9.1 Coordinate with the County of Riverside and California Institute of Technology for Economic Research Purposes to ensure preservation procedures for dark skies are incorporated into the City development review process. This policy is not applicable because it is a City directed policy. Please see consistency analysis for Goal 9, above._ 9.2 Participate in Palomar Observatory's dark sky conservation areas. The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce light and glare impacts to the operations at the Observatory, outdoor lighting will be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizon plane passing through the luminare. FEBRUARY 2001 37 p:uooo~v~z~coss~sr~c~voc GROWTH MANAGEMENT ELEMENT GROWTH ~IANAGEMENT / PUBLIC FACILITIES ELEMENT Goal 1: Cooperate management of growth among local governments within Riverside County. Discussion: This goal is not applicable because it is a City directed goal. However, the Harveston Specific Plan provides ample amounts of open space for the enjoyment of the future residents of the Harveston community as well as the residents of neighboring development and the City in general. Also, the infrastructure standards have been prepared in coordination with the adjacent jurisdiction and property owners to help ensure compatibility. The plan does create unique development standards that will maintain the quality of life and the integrity of the proposed development. PoYlcies 1.1 Continue to participate with the Western Riverside Council of Governments in the preparation of plans and programs addressing regional issues, including the Growth Management Strategy, Comprehensive Transportation Plan, Water Resources Strategy, and School Facilities Plan. This policy is not applicable because it is a City directed policy. 1.2 Stxive to achieve the policies of WRCOG's Growth Management Strategy as appropriate through Temecula's Growth Management Program. This policy is not applicable because it is a City directed policy. 1.3 Assist in the establishment of cooperative efforts to implement development standards, which address quality of life issues. The Harveston Specific Plan contains extensive development standards, which strive to enforce a set of standards that would enhance and maintain a high quality of life for the community residents. 1.4 Strive to achieve economic growth and prosperity, while preserving natural beauty and the social quality of life in southwestern Riverside County. The Harveston Specific Plan has been prepared in conformance with the City of Temecula General Plan, and as such the goal of the Specific Plan is to introduce a development within the southwestern Riverside County that will achieve economic growth (i.e., 112.4 acres of Service Commercial proposed) and yet preserve the beauty and quality of life in the area (i.e., extensive park and open space program proposed). 1.5 Encourage or assist in the establishment of natural reserves for the preservation of sensitive and endangered species, and to provide open space for residents. The Harveston Specific Plan provides ample amounts of open space for the enjoyment of the future residents of the Harveston community us well as the residents of neighboring developments and the City in general. The plan also includes a lO. 5-acre arroyo park, which will create a riparian habitat and preserve the defined U.S. waters creek bed in its natural state. The project site does not contain any sensitive or endangered species. FEBRUARY 2001 38 GROWTH MANAGEMENT ELEMENT 1.6 1.7 1.8 1.9 1.10 Seek to establish minimum compatibility with adjacent jurisdictions for basic development standards related to infrastructure and engineering, while preserving unique zoning and design standards. The Harveston Specific Plan infrastructure standards have been prepared in coordination with the adjacent jurisdiction and property owners to help ensure compatibility. The plan does create unique development starMards that will maintain the quality of life and the integrity of the proposed development. Establish a joint planning process with the County to plan for furore development in the Sphere of Influence. This policy is not applicable because it is a City directed policy. Establish a joint review process with the County to ensure that proposed projects in the Sphere of influence can be adequately served in the future by the City. This policy is not applicable because it is a City directed policy. Guide the timing and provision of facilities and services to support development and protect or enhance the quality of life. The Harveston Specific Plan proposes a phasing plan of development (see Figure 12.1, Phasing Plan, in Section 12.0, Implementation and Administration) that would ensure provision of facilities and services to support development as the project buildout proceeds. Require development to pay its fair share of the costs of facilities and services required to serve the resulting level of growth. The Harveston Specific Plan will be conditioned to pay Development Impact Fees and other required fees to mitigate its share of impacts on facilities and services that will serve the future growth. 1.11 Pursue joint efforts to achieve fiscal stability for both City and County government. 1.12 This policy is not applicable because it is a City directed policy. Consider options to jointly contract with other jurisdictions for the provisions of services or facilities to achieve economies of scale. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 39 v:~o~m~oz~coNstrr~c~r~c GROWTH MANAGEMENT ELEMENT Goal 2: Orderly and efficient patterns of growth within Temecula that enhance the quality of life for residents. Discussion: In an effort to enhance the quality of life for residents, the Harveston Specific Plan includes a Mixed Use Village Center that proposes a mix of uses with an efficient circulation and open space system. The proposed project also includes a variety of housing types in terms of cost, density and design to meet the needs of different segments of the population. In addition, it includes commercial uses, which would create jobs locally and regionally, therefore, maintaining a balance between jobs and housing opportunities. PoHci~ 2.1 Prepare and implement a Growth Management Program for Temecula. This policy is not applicable because it is a City directed policy. 2.2 Ensure that phasing of public facilities and services occur in such a way that new development is adequately supported as it develops. The Harveston Specific Plan proposes a phasing plan of development (see Figure 12.1, Phasing Plan, Section 12.0, Implementation and Administration) that would ensure provision of facilities and services to support development as the project buildout proceeds. 2.3 Establish and maintain level of service standards in order to document adequacy requirements. The Harveston Specific Plan E~R provides an analysis of the project's impacts on levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 2.4 Encourage development of Mixed Use Village Centers, as defined in the Land Use and Community Design Elements to reduce public service costs and environmental impacts through compatible land use relationships, and efficient circulation and open space systems. The Harveston Specific Plan includes a Mixed Use Village Center that proposes a mix of uses with an efficient circulation and open space system 2.5 Encourage new development that helps to create and maintain a balance between jobs and housing oppommities. The proposed project includes a variety of housing types in terms of cost, density and design to meet the needs of different segments of the population. In addition, it includes commercial uses, which would create jobs locally and regionally, therefore, maintaining a balance between jobs and housing opportunities. 2.6 Establish priority growth areas within the City and Sphere of Influence where near-term urbanization will be encouraged. FEBRUARY 2001 40 GROWTH MANAGEMENT ELEMENT 2.7 2.8 This policy is not applicable because it is a City directed policy. Discourage the use of assessment districts that promote urban sprawl and premature urbanization in rural and agricultural areas. This policy is not applicable because it is a City directed policy. Coordinate the Growth Management Program with the Congestion Management Program as necessary. This policy is not applicable because it is a City directed policy. Goal 3: Effective and cost efficient sheriff, fire and emergency medial service within the City. Discussion: The Harveston Specific Plan EIR provides an analysis of the project's impacts on police and fire protection levels of service and proposes mitigation to ensure adequate level of service standards is maintained with project implementation. Policies 3.1 Strive to provide a minimum of one full-time officer per 1,000 residents for police protection services. The Harveston Specific Plan EIR provides an analysis of the project's impacts on police protection levels of service and proposes mitigation to ensure adequate' level of service standards are maintained with project implementation. 3.2 Strive to provide a minimum response time of between 7 and 10 minutes of an alarm for 90 pement of all fires, in accordance with the Riverside County Fire Protection and Emergency Master Plan. The Harveston Specific Plan EIR provides an analysis of the project's impacts on fire protection levels of service and proposes mitigation to ensure adequate level of service standards are maintained with project implementation. 3.3 Require new development to address fire and police protection in a proactive and preventative way through s~xeet design, orientation of entryways, siting of structures, landscaping, lighting and other security features. The Harveston Specific Plan design guidelines and standards (see Section 10.0, Design Guidelines) provide for features listed above that would create a safe and secure environment for the residents. Additionally, the Specific Plan and EIR will be reviewed by police and fire so additional recommendation can be incorporated if necessary. 3.4 Coordinate with the County of Riverside in the location and phasing of new sheriff facilities or fire stations to ensure that adequate service levels are maintained. FEBRUARY 2001 41 P:e~oza~coNstrr~sc[~oc GROWTH MANAGEMENT ELEMENT 3.5 3.6 3.7 This policy is not applicable because it is a City directed policy. Promote the establishment of Neighborhood Watch Programs in conjunction with the Sheriff's Department to increase the surveillance of neighborhoods. This policy is not applicable because it is a City directed policy. Consider the provision of police services by the City if it is more cost effective than contracting with the County of Riverside. This policy is not applicable because it is a City directed policy. Promote community awareness regarding drug use and gangs through the Police Department, Community Service Department, and public service organizations. This policy is not applicable because it is a City directed policy. Goal 4: A quality school system that contains adequate facilities and funding to educate the youth of Temecula. Discussion: The Temecula Valley Unified School District has been actively involved in the Harveston Specific Plan process, and a 12.0-acre site has been designated for an elementary school in response to the District's request. The School District will be made aware of future legislative land use policy decisions. There will be a need to expand school facilities at all levels to accommodate students from the proposed project. The District anticipates funding the school facilities for the proposed project from the fees collected through an existing school agreement, with half of the estimate being funded by the State, so long as those funds are available. Policies 4.1 Provide information to the Temecula Valley Unified School district, when considering General Plan amendments, specific plans, zone changes, or other legislative land use policy decisions, to support the School dislxict in providing adequate school facilities for students for new development to the extent permitted by law. The Temecula Valley Unified School District has been actively involved in the Harveston Specific Plan process, and a 12.0-acre site has been designated for an elementary school in response to the District's request. The School District will be made aware of future legislative land use policy decisions. 4.2 Promote and encourage the phasing of project development so that the School district may plan, finance, and construct school facilities intended to serve the development. The proposed project applicant is having continual discussions with the School District regarding the phasing of the development plan in relation to the timing of the school site development. FEBRUARY 2001 42 GROWTH MANAGEMENT ELEMENT 4.3 4.4 4.5 4.6 Review proposed legislative land use decisions in the context of the adequacy of present and future facilities as permitted by law. The Harveston Specific Plan has been prepared based on the City of Temecula General Plan, and as such adheres to all the requirements of the City and takes into account adequacy of present and future facilities in making land use proposals. Provide safe access for school children walking, bicycling, or driving to and from school sites through coordination between the school district, and City depa~lanents of Planning, Public Works, and Engineering. The proposed project provides for an extensive system of trails, paseos, and bike lanes. These pedestrian/bicycle circulation systems have been designed through coordination with the City and School District and are consistent with the guidelines and requirements of the City of Temecula. Pursue the establishment of a trade school, junior college or 4-year college in Temecula that offers an emphasis in the education required by the engineering, biotechnical and biomedical industries located in Temecala. This policy is not applicable because it is a City directed policy. Plan for the joint use of school/municipal facilities wherever feasible and desirable, including: the joint use of school grounds, buildings, City parks, multi-purpose buildings, and recreation facilities. This policy is not applicable because it is a City directed policy. Goal 5: Public and Quasi-public facilities and services which provide for the social, cultural, civic, religious, and recreational needs of the community. Discussion: The Harveston Specific Plan provides areas (i.e., community park, village green, lake park, club house facility and school) where citizens would come together and participate in community programs. Child care facilities are permitted uses within the Mixed Use Village Center and High-Density Residential areas of the Specific Plan area. Senior citizens centers are permitted uses within the Mixed Use Village Center of the Specific Plan area. Religious institutions and other quasi-public uses are permitted and encouraged within the Mixed Use Overlay Zone. The proposed project encourages promoting such use for the benefit of all the community. Policies 5.1 Acquire a civic center site and construct permanent City Hall facilities when feasible. This policy is not applicable because it is a City directed policy FEBRUARY 2001 43 GROWTH MANAGEMENT ELEMENT 5.2 Continue to encourage citizens to participate in community programs and volunteer for public service positions. The Harveston Specific Plan provides areas (£e., community park, club house facility and school) where citizens would come together and participate in community programs. The proposed project encourages promoting such activities for the benefit of all the community. 5.3 Evaluate the feasibility of providing child care facilities in connection with employment- generating uses. Child care facilities are permitted uses within the Mixed Use Village Center and High Density Residential areas of the Specific Plan area. The proposed project encourages promoting such use for the benefit of all the community. 5.4 Encourage the development of a senior citizens center(s). Senior citizens centers are permitted uses within the Mixed Use Village Center of the Specific Plan area. The proposed project encourages promoting such use for the benefit of all the community. 5.5 Encourage the provision of cultural facilities within the community, including: art museums, theaters, a performing arts center, special exhibitions, an outdoor amphitheater, and Indian Cultural Interpretive Center. The proposed Specific Plan includes an array of uses including, outdoor amphitheater, art displays, outdoor exhibition areas, and more. Such uses are permitted and encouraged within this zone. 5.6 Encourage the provision of special recreation facilities such as a stadium, a zoo, and an amusement park. This policy is not applicable because the proposed Harveston Specific Plan does not propose a stadium, a zoo, and an amusement park. 5.7 Encourage the sharing or combining of public facilities for educational, cultural, and recreational purposes to more efficiently utilize public spaces and to provide viable community gathering Multi-purpose facilities, which confirm the above listed uses are permitted and encouraged within the Mixed Use Overlay Zone. 5.8 Encourage the availability of sites for religious institutions and other quasi-public uses in the City. Religious institutions and other quasi-public uses are permitted and encouraged within the Mixed Use Overlay Zone. 5.9 Cooperate with Riverside County to provide for library facilities and services that are consistent with community needs. FEBRUARY 2001 44 GROWTH MANAGEMENT ELEMENT 5.10 This policy is not applicable because it is a City directed policy. Continue to assist non-profit community organizations in terms of financial and other forms of support to the extent feasible. This policy is not applicable because it is a City directed policy. Goal 6: A water and wastewater infrastructure system that supports existing and future development in the Study Area. Discussion: The proposed waster and wastewater plans for Harveston Specific Plan area will support future development in the area~ The proposed Harveston Specific Plan area is located within the Rancho California Water District water service arec~ The proposed water plan consists of 12- inch and 16-inch backbone pipelines for domestic and fire service to the proposed commercial, residential, and parkland uses. The wastewater flows are proposed to be treated at the Santa Rosa Water Reclamation Plant, which is owned and operated by the RCWD. Sewer from the proposed project area will be directed to the Eastern Municipal Water District sewer system along Santa Gertrudis Creek at two locations. PoUcies 6.1 Require landowners to demonstrate that an available water supply and sewer treatment capacity exists or will be provided to serve proposed development, prior to issuance of building permits. Section 5.0, Infrastructure Plan, of the Specific Plan requires that future development provide assurance for provision of adequate water supply and sewer treatment capacity prior to issuance of building permits. 6.2 Require landowners, prior to issuance of building permits, to demonstrate that adequate wastewater capacity exists to accommodate the proposed development. Section 5.0, Infrastructure Plan, of the Specific Plan requires that future development provide assurance for provision of adequate wastewater capacity prior to issuance of building permits. 6.3 Coordinate with the water and wastewater districts when considering General Plan amendments, annexations, or development agreements; in order to assist the districts in planning for adequate capacity to accommodate future growth. The Harveston Specific Plan water and wastewater plans have been prepared in coordination with the appropriate districts. The districts were also contacted for input during the EIR process. 6.4 Coordinate with the wastewater district to make reclaimed water available for irrigation purposes in the City. FEBRUARY 2001 45 r:~2ooo~s~2v~cos~rr~sc~ooc GROWTH MANAGEMENT ELEMENT 6.5 6.6 The irrigation system will be designed to conform to the State's Water Conservation Assembly Bill 325 and City of Temecula Water Conservation Ordinances in effect. Additionally, the project will utilized reclaimed water, as available, for irrigatiotr Encourage the preparation of a long-term water management program by the District, and assist the District where appropriate. The District has been contacted for information and requirements during preparation of the utility plan for the Harveston Specific Plan. The District was also contacted for input during the EIR process. Require all new construction of water and sewer infrastructure to be consistent with utility master plans and to implement the policies of the General Plan. The Harveston Specific Plan Section 5.0, Infrastructure Plan, requires all new construction of water and sewer infrastructure be consistent with the utility master plans and policies of the General Plan. All water and sewer lines will be designed per EMWD and/or RCWD District requirements. Goal 7: An effective, safe and environmentally compatible flood control system. Discussion: Drainage and flood control facilities and improvements will be provided in accordance with the City of Temecula and the Riverside County Flood Control District requirements. The proposed drainage plan utilizes the project streets and storm drains to carry storm water to the existing natural drainage courses and to the drainage facilities under the 1-15 freeway. A storm drain system is proposed to carry storm water that exceeds surface street capacity. PoHcies 7.1 Work with the Riverside County Flood Control District and other agencies involved in the Murfieta Creek flood control improvements to implement a flood control solution that maximizes the retention of natural resources and the provision of recreation opportunities along the creek. This policy is not applicable because it is a City directed policy. 7.2 Prepare a City of Temecula Master Drainage Plan, which incorporates the Murrieta Creek Area Drainage Plan and additional planning efforts into one document. This policy is not applicable because it is a City directed policy. 7.3 Develop master drainage plans, when appropriate, for the Sphere of Influence, in conjunction with the Flood Control District. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 46 GROWTH MANAGEMENT ELEMENT Goal 8: A solid waste management system that provides for the safe and efficient collection, transportation, recovery and disposal of solid wastes. Discussion: The solid waste produced within the development area will be safely carried to the disposing facilities. Policies 8.1 Coordinate with the County of Riverside to provide and expand service for the collection, storage, transportation, recovery, and disposal of solid waste to meet the needs of the City. The proposed project will comply with the City of Temecula and County of Riverside requirements, and it will implement existing collection, storage, transportation, recovery and disposal of solid waste. 8.2 Provide for the collection and disposal of household hazardous waste through the adoption of a Household I-laTardous Waste Element. This policy is not applicable because it is a City directed policy. 8.3 Provide for solid waste reduction and recycling within the City through the adoption of a Source Reduction and Recycling Element. This policy is not applicable because it is a City directed policy. Goal 9: Adequate electrical, natural gas, and telecommunication systems to meet the demand of new and existing development. Discussion: Electrical service is currently provided in the area by Southern California Edison Company (SCE). Adequate electric power supply can be provided. Natural gas service is currently provided by Southern California Gas Company. SCG indicates that gas service could be provided to the Specific Plan area in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made. Policies 9.1 Coordinate with the responsible companies to provide for the continued maintenance, development, and expansion of electricity, natural gas, and telecommunications systems to serve residents and businesses. 9.2 As part of the Specific Plan EIR process, all utilities companies responsible for providing services to the new development were contacted to inquired about the level of service availability and additional requirements. Pursue the undergrounding of utilities along arterial roads, where feasible. The Harveston Specific Plan requires all new utility lines be undergrounded, in conformance with the requirements of the City of Temecula. FEBRUARY 2001 47 PUBLIC SAFETY ELEMENT PUBLIC SAFETY ELEMENT Goal 1: Protection from natural hazards associated with geologic instability, seismic events, and flooding. Discussion: To protect from natural hazards associated with geologic instability, seismic events, and flooding, the Harveston Specific Plan EIR includes a geotechnical investigation that evaluates soils and geologic conditions to determine stability. Also, the Specific Plan and the EIR require that all new development onsite comply with the most recent Uniform Building Code seismic design standards. Policies 1.1 Require review of soil and geologic conditions to determine stability prior to project approval. In areas that may have significant geologic constraints, require analysis by a Registered Geotechnical Engineer. The Harveston Specific Plan EIR includes a geotechnical investigation prepared by a registered geotechnical engineer that evaluates soils and geologic conditions to determine stability. Geotechnical recommendations and mitigation measures will be incorporated as necessary. 1.2 Require mitigation of potential adverse impacts of geologic and seismic haTards, including ground surface rupture and liquefaction, at the project level. Mitigation measures are proposed and will be enforced at the project level for all identified potential geologic and seismic hazard impacts. 1.3 Monitor baTardous buildings in Old Town and work with property owners to remediate these buildings to improve structural integrity. This policy is not applicable because the Harveston Specific Plan is not located within the Old Town, and this is a City directed policy. 1.4 Require all new development to comply with the most recent Uniform Building Code seismic design standards. The proposed Harveston Specific Plan and the EIR will require that all new development onsite comply with the most recent Uniform Building Code seismic design standards. 1.5 Monitor the potential for seismic events and other geologic activity with the County of Riverside and California Division of Mines and Geology. This policy is not applicable because it is a City directed policy. Additionally, the Specific Plan and the EIR require that all new development onsite comply with the most recent Uniform Building Code seismic design standards. FEBRUARY 2001 48 r:~ooo~t~oz~cosstrrrvcr~oc PUBLIC SAFETY ELEMENT 1.6 1.7 1.8 1.9 Establish development management techniques to lessen the potential for erosion and landslides. Prior to initial grading, a soils report and geotechnical study will be performed that further analyze onsite soil conditio~ and slope stability and include appropriate measures to control erosion and landslide (see Sections 8.0, Grading Plan and 10.0, Design Guidelines). Prohibit development in the floodway portion of the 100-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplain. Encourage only compatible uses within the 100-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplair~ Minimize the intrusion into and alteration of the 100-year floodplain. This policy is not applicable because the project site is not located within the lO0-year floodplain. Goal 2: Protection of the public and environmental resources from exposure to hazardous materials and waste. Discussion: Based on the results of a Phase 1 analysis for the site, there are no potential risks associated with hazardous materials. Policies 2.1 Minimize the risks associated with hazardous materials through careful land use planning. The Harveston Specific Plan provides a comprehensive development plan of all land within the Specific Plan area. Land use determination is based on the best and most appropriate use for the land and situation. Based on the results of a Phase l analysis for the site, there are no potential risks associated with hazardous materials. Goal 3: A safe and secure community, free from the threat of personal injury and loss of property. Discussion: To build a safe and secure community free from the threat of personal injury and loss of property, the Harveston Specific Plan incorporates defensible space into site plan and building design. The proposed project also provides secondary access points in conformance with the City standards to ensure timely emergency service response. Policies 3.1 Ensure adequate facilities and police and fire service personnel are provided in the City. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 49 ~:~z~o~sm*o~a~coNstsr~c~c PUBLIC SAFETY ELEMENT 3.2 3.3 3.4 3.5 Continue to work with the community in operating Neighborhood Watch programs that promote mutual assistance and crime prevention activities among residents. This policy is not applicable because it is a City directed poIicy. Reduce the risk of wildland fire through imposition of site-specific development standards during project review. This policy is not applicable because it is a City directed policy. Require new development to incorporate defensible space into site plan and building design. The Harveston Specific Plan incorporates defensible space into site plan and building design (see Section 10.0, Design Guidelines). Require all residential development with 35 or more dwelling units to provide secondary access that meets all City standards to ensure timely emergency service response. The proposed project does provide secondary access points in conformance with the City standards to ensure timely emergency service response. Goal 4: An effective response of emergency services following a disaster. This goal is not applicable because it is a City directed goal. Policies 4.1 Provide for and maintain a coordinated emergency service response to reduce community risks and property damage in the event of a disaster. This policy is not applicable because it is a City directed policy. 4.2 Coordinate emergency response planning with Riverside County and the Federal Emergency Management Agency. This policy is not applicable because it is a City directed policy. 4.3 Encourage community-wide emergency preparedness among City residents and the business community. This policy is not applicable because it is a City directed policy. 4.4 Regulate location of critical facilities to ensure their continued functioning following a disaster. This policy is not applicable because it is a City directed policy. 4.5 Establish and maintain an emergency operations center (EOC) for emergency and disaster situations in a safe and secure location. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 50 NOISE ELEMENT NOISE ELEMENT Goal 1: Land Use planning that provides for the separation of significant noise generators from sensitive receptor areas. Discussion: The design of the Harveston land use plan has taken into account noise factors and has sought to maintain a balance where no significant noise impact would result. There are no significant noise generators included within the Harveston Specific Plan area. The noise emanating from construction activities is considered temporary, however the EIR provides mitigation measures to mitigate this impact. Policies 1.1 Discourage noise sensitive land uses in noisy exterior environments unless measures can be implemented to reduce exterior and interior noise to acceptable levels. Alternatively, encourage less sensitive uses in areas adjacent to major noise generators but require appropriate interior working environments. The design of the Harveston land use plan has taken into account noise factors and has sought to maintain a balance where no significant noise impact would result. The EIR provides a detailed impact analysis and mitigation measures, as necessary. 1.2 Limit the hours of construction activity in residential areas in order to reduce the inu'usion of noise in the early morning and late evening hours, and on weekends and holidays. As part of the Harveston Specifi~ Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including limitations on hours of construction. 1.3 Incorporate noise standards in the Development Code to ensure that residents are not exposed to excessive levels of noise from stationary sources. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures. The Development Code includes standards that ensure the residents are not exposed to excessive noise levels from stationary sources. 1.4 Require proposed industrial or commercial projects located near existing or planned residential areas to demonstrate that the project when constructed, will comply with the City noise requirements. The Harveston Specific design guidelines and development standards require the Service Commercial uses comply with the City noise requirements. 1.5 Work with the school district to relocate the school bus maintenance yard to an area that will not adversely impact sensitive receptors. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 51 ~:uooo~N~o~Pcoss~srwcz~oc NOISE ELEMENT 1.7 1.8 1.6 Ensure that current noise hazard areas in the City are identified, quantified, and mapped in a form that is available to decisionmakers. This policy is not applicable because it is a City directed policy. Utilize the information from the noise contour map in the General Plan in the development review process to ensure that noise sensitive land uses are not located near major stationary noise sources. Development of the land use plan of the proposed project utilized information from the noise contour map to ensure that the noise sensitive land uses are not located near major stationary noise sources. Additionally, as part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standards in the Development Code. Minimize noise conflicts between land uses and the circulation network. The land use relationships of the Harveston Specific Plan area have been arranged in a manner to minimize any potential noise conflicts between land uses and the circulation network. Additionally, as part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standards in the Development Code. Existing light industrial uses will located next to residential uses in Planning Area No. 1. It should be noted that this will not present any conflict, as the side of the existing industrial building will be located at the rear of the residential uses. In n&tition, an nrhtltional landscape buffer has been included at the rear of these parcels. Goal 2: The control of noise between land uses. Discussion: As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and to introduce mitigation measures, including noise standards in the Development Code. PoHci~ 2.1 Limit the maximum permitted noise levels which cross property lines and impact adjacent land uses. As part of the Harveston Specific Plan EIR, a noise study was conducted to analyze potential noise impacts and introduce mitigation measures, including noise standards in the Development Code. FEBRUARY 2001 52 p:uo~*w~oz~rcoNs,rmvc~ooc NOISE ELEMENT Goal 3: Consider noise issues in the planning process. Discussion: The Harveston Noise Study evaluates potential noise conflicts from project buildout and bused upon identified noise impacts proposes the use of site design and building design techniques, including the use of landscape setbacks or berms, building orientation, and buffering of noise sensitive areus, as a means to minimize noise impacts and/or additional mitigation measures as appropriate. Policies 3.1 Establish standards for acceptable limits of noise for various lands use in the City. This policy is not applicable because it is a City directed policy. 3.2 Work with the County of Riverside and the City of Murrieta in minimizing or avoiding conflicts between land use and noise prior to project approvals. This policy is not applicable because it is a City directed policy. 3.3 Encourage the use of site design and building design techniques, including the use of landscape setbacks or berms, building orientation, and buffering of noise sensitive areas, as a means to minimize noise impacts. The Harveston Noise Study evaluates potential noise conflicts from project buildout and bused upon identified noise impacts proposes the above techniques and/or additional mitigation meusures as appropriate. 3.4 Evaluate potential noise conflicts for individual sites and projects. The Noise Study evaluates potential noise conflicts, and bused upon identified noise impacts proposes mitigation meusures as appropriate. 3.5 Require mitigation of all significant noise impacts as a condition of project approval. The Noise proposes mitigation meusures, as necessary, which will be enforced as conditions of project approval Goal 4: Minimize noise impacts from transportation noise sources. Discussion: To minimize noise impacts from transportation noise sources the Noise Study in the EIR evaluates the potential noise impacts and proposes mitigation measures as appropriate. Additionally, the proposed Specific Plan has been coordinating efforts with Caltrans and will comply with the requirements set forth by that agency. FEBRUARY 2001 53 NOISE ELEMENT Policies 4.1 Develop a program to construct barriers to mitigate sound levels where necessary or where feasible to ensure the peace and quiet of the community. The Noise Study as part of the EIR, evaluates the potential noise impacts and proposes mitigation measures as appropriate, in order to ensure peace and quiet within the community. 4.2 Ensure the effective enforcement of City, State, and Federal noise standards by all appropriate City Divisions. This policy is not applicable because it is a City directed policy. 4.3 Enforce the speed limit on arterials and local roads to reduce noise impacts from vehicles, particularly in residential areas. This policy is not applicable because it is a City directed policy. 4.4 Coordinate with Cal~'ans to ensure the inclusion of noise mitigation measures in the design of new highways projects or improvements to existing facilities including, interchange improvements along 1-15, widening of SR 79 South, SR 79 North and the proposed Date Street/I- 15 interchange. The proposed Specific Plan has been coordinating efforts with Caltrans and will comply with the requirements set forth by that agency 4.5 The City shall participate in the planning and impact assessment activities of the Airport Land Use Commission and other regional or state agencies relative to any proposed expansion of the airport or change in flight patterns. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 54 ~:x2oo~s~co~stsre~cr. ooc COMMUNITY DESIGN ELEMENT AIR QUALITY ELEMENT Goal 1: Improvement of air quality through proper land use planning in Temecula. Discussion: The Harveston Specific Plan contains a balanced mix of residential and employment opportunities, therefore, reducing vehicle miles traveled. The circulation plan and the land use plan have been coordinated to minimize land use conflicts and prevent potential impacts. As part of the EIR document, an Air Quality analysis was conducted to evaluate the air pollutant emissions and introduce mitigation measures, which will be enforced in order to reduce air pollution. 1.1 Encourage new development that provides employment opportunities for residents of Temecula to improve the balance of jobs relative to housing. The Harveston Specific Plan contains a balanced mix of residential and employment opportunities, therefore, reducing vehicle miles traveled The Specific Plan area contains a service commercial area, and a Mixed Use Village Center, which also includes commercial and retail 1.2 Encourage in-fill development near activity centers and along transportation corridors. This policy is not applicable because it is a City directed policy. 1.3 Minimize land use conflicts between emission sources and sensitive receptors. The circulation plan and the land use plan have been coordinated to minimized this conflict and prevent potential impacts. 1.4 Reduce air pollutant emissions by mitigating air quality impacts associated with development projects to the greatest extent feasible. As part of the EIR document, an Air Quality analysis was conducted to evaluate the air pollutant emissions and introduce mitigation measures, which will be enforced in order to reduce air pollution. Goal 2: Enhanced mobility to minimize air pollutant emissions. Discussion: The Harveston Specific Plan proposes a pedestrian-friendly environment where walking and biking are encouraged through provision of extensive walking trails/paseos and bike lanes that connect different planning areas and uses within the community. To have an efficient flow of traffic, the Specific Plan proposes a hierarchy of streets, in which arterials circumvent the FEBRUARY 2001 55 COMMUNITY DESIGN E MENT community, collector roads proceed into the community, and internal neighborhood streets web throughout the neighborhoods. Policies 2.1 Implement transportation demand management techniques to reduce motor vehicle trips, including walking, bicycling, ridesharing, local transit, staggered work schedules and telecommunications. The Harveston Specific Plan proposes a pedestrian-friendly environment where walking and biking are encouraged through provision of extensive walking trails/paseos and bike lanes that connect different planning areas and uses within the community. 2.2 Maintain an orderly flow of traffic and improve mobility through the use of transportation systems management techniques. A Traffic and Circulation Analysis was prepared as part of the EIR, which analyzed the future traffic flow and proposed mitigations to improve the flow. Additionally, the Specific Plan proposes a hierarchy of streets, in which arterials circumvent the community, collector roads proceed into the community, and internal neighborhood streets web throughout the neighborhoods. This system allows an efficient flow of traffic. 2.3 Pursue development of a public transit system including local shuttle and bus routes, and bicycle and pedestrian trails that are linked to regional light rail. The Harveston Specific Plan will comply with the City of Temecula and the Riverside Transit Agency to facilitate provision of transit service. Coordination and correspondence with the Riverside Transit Agency was completed as part of the Harveston EIR preparation. All maps will be conditioned during the review stage to ensure compliance. 2.4 Promote alternatives to motorized transportation by establishing a convenient and efficient system of bicycle routes and pedesuian walkways. The proposed Specific Plan introduces a pedestrian and bicycle friendly environment where extensive systems of trails/paseos and bike lanes are provided for ease of access between different planning areas and uses. 2.5 Promote the use of alternative clean fueled vehicles for personal and business use. This policy is not applicable because it is a City directed policy. 2.6 Encourage programs that reduce local uaffic congestion at peak hours and during special events. A Traffic and Circulation Analysis was prepared which analyzes circulation in the Specific Plan area and its potential impact on a larger area during peak hours. The analysis proposes mitigations to reduce potential congestior~ FEBRUARY 2001 56 ~:~ooo~n~oz~pcoss~sresc~rsvc COMMUNITY DESIGN ELEMENT Goal 3: Incorporate energy conservation practices and recycling to reduce emigsions. Discussion: The Harveston Specific Plan requires future developments employ passive solar heating techniques in order to save energy consumption. Passive systems will include orienting buildings properly (i.e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, properly insulating walls, and incorporating simple heat storage systems, including dual-paned windows. PoHcies 3.1 Encourage community-wide reductions in energy consumption through conservation. The Harveston Specific Plan encourages future developments employ passive solar heating techniques in order to save energy consumption. Passive systems will include orienting buildings properly (£e., north/south lot orientation), planting trees to take advantage of the sun, ensuring adequate roof overhangs, properly insulating walls, and incorporating simple heat storage systems, including dual-paned windows. 3.2 Promote local recycling of wastes and the use of recycled materials. The Harveston Specific Plan will comply with City of Temecula curb--side recycling programs. Goal 4: Effective coordination of air quality improvement efforts in the Western Riverside area. This goal is not applicable because it is a City, regional, and state agency directed goal. Policies 4. I Coordinate planning efforts with other local, regional and state agencies, including WRCOG, SCAQMD and SCAG, in their efforts to improve regional air quality. This policy is not applicable because it is a City, regional, and state agency directed policy. Encourage participation of local citizens, the business community and interested groups and individuals in air quality planning and implementation efforts. This policy is not applicable because it is a City, regional, and state agency directed policy. Promote programs, which educate the public about regional air quality issues. This policy is not applicable because it is a City, regional, and state agency directed policy. 4.2 4.3 FEBRUARY 2001 57 COMMUNITY DESIGN ELEMENT COMMUNITY DESIGN ELEMENT Goal 1: Enhancement of the City's image related to its regional and natural setting and its tourist orientation. Discussion: The proposed Harveston Specific Plan project includes plans for a 13.8-acre Arroyo Park, which will recapture more naturalistic California landscape and provide a naturalistic setting for walking, hiking, and picnicking, therefore offering a different recreation experience for the residents of the community as well as the City. Additionally, the proposed project offers extensive systems of trails and open space, which will be connected to different areas within the development. Another feature of the project, .which would be attractive for visitors to the community is the lake connected to other parts of the community through trails. PoHci~ 1.1 Promote the development of a comprehensive system of trails and open space areas that connect schools, public recreation areas, residential areas, and commercial centers. The Harveston Specific Plan has incorporated plans for a paseo/trail system that will connect public recreation area, schools, residential areas and commercial areas. 1.2 Promote the development of a comprehensive system of trails and open space areas that connect schools, public recreation areas, residential areas, and commercial centers. This policy is not applicable because the Harveston Specific Plan area is not located within the Old Town area~ 1.3 Develop design standards to enhance the visual character of commercial centers that are located adjacent to 1-15. The Harveston Specific Plan includes extensive design guidelines (see Section 10.0) and development standards (see Section ILO) that will apply to the whole Specific Plan area (including the service commercial areas - adjacent to 1-15) and provide unifying elements to visually tie the community and create a distinct character. 1.4 Promote community identity by providing specially designed gateway signage at the primary entrances to the City. The Harveston Specific Plan proposes entry monumentation at the primary and secondary entrances to the community to promote an identity for the project area. (See Figures 10.2-10.5, Section 10.0, Design Guidelines). 1.5 Maintain and incorporate natural amenities such as: rock outcroppings, indigenous vegetation, streams and watercourses into development projects to protect the environment and provide natural landscaping, protect views, and to provide recreational opportunities in order to maintain the quality of life. FEBRUARY 2001 58 p:xzooo~o~apcoNstsrencrDoc COMMUNITY DESIGN ELEMENT The proposed project includes plans for a lO.5-acre Arroyo Park, which will recapture more naturalistic California landscape and provide a naturalistic setting for walking, hiking, and picnicking, therefore offering residents a different recreation experience. Goal 2: Design excellence in site planning, architecture, landscape architecture and signage in new development and modifications to exisling development. Discussion: The Harveston Specific Plan introduces consistent and unifying design guidelines that would apply throughout the community to tie different elements into a design theme that would reflect the image of the community. The Specific Plan includes flexible design standards for the commercial development that are compatible with standards for other uses in the community, yet create an identity for the commercial development. Additionally, the Harveston Specific Plan proposes entry monumentation at the primary and secondary entrances to the community to promote an identity for the project area. Policies 2.1 Establish and consistently apply design standards and guidelines for residential and non- residential development. The Harveston Specific Plan introduces consistent and unifying design guidelines (see Section 10.0) that would apply throughout the community to tie different elements into a design theme that would reflect the image of the community. 2.2 Promote a cohesive and integrated pattern of development for large undeveloped areas, by requiring the preparation of Specific Plans. This policy is not applicable because it is a City directed policy. 2.3 Provide development standards to ensure higher quality design that is well integrated with the infrastructure and circulation systems. The Harveston Specific Plan as well as the Planning Area Development Standards (see Section ILO) is compatible and well integrated with other elements in the Specific Plan document. 2.4 Formulate flexible design standards for commercial development that enhances the special identity and visual character of the commercial development. The Specific Plan includes flexible design standards for the commercial development that are compatible with standards for other uses in the community, yet create an identity for the commercial development. 2.5 Limit light/glare pollution through design standards for outdoor lighting and the use of low intensity lights. FEBRUARY 2001 59 COMMUNITY DESIGN ELEMENT 2.6 The Harveston Specific Plan is located within thirty (30) miles of Mount Palomar Observatory. In order to reduce any potential impacts from light and glare, outdoor lighting will be from low pressure sodium lamps that are oriented and shielded to prevent direct illumination above the horizontal plane passing through luminare. Enhance the individuality and special visual identity of commercial districts and unified streetscape plans. The proposed plan includes guidelines for different uses within the community and streetscape plans that seek to enhance the individuality and identity of each district and yet unify the whole community into a distinct design theme. Preservation and enhancement of the positive qualifies of individual districts or neighborhoods. Discussion: Although this goal is not applicable because it pertains to existing older communities, the Specific Plan seeks to create neighborhoods with distinct character, yet tying them with unifying architectural and landscape themes. The use of landscaping is an important element in design of the Harveston Specific Plan. Landscape features from passive turf areas to group shade arbors and thematic and buffer landscape treatments all play important roles in creating a visually interesting development and reduce conflicts between different land uses. The Mixed Use Village Center in the Specific Plan area creates a pedestrian friendly environment where City residents can enjoy amenities such as plazas, gardens, gathering places, benches, and much more to have a recreational as well as social experience. Policies 3.1 Improve the appearance of neighborhood areas and the "edge" between neighborhoods through, landscaping, location of open space buffers, and special landscape features. The Harveston Specific Plan provides for special landscaping techniques as buffers between different planning areas and uses. 3.2 Preserve the scale and character of residential development by creating appropriate transitions between lower density, rural areas, and higher density development. The different land uses within the Specific Plan are arranged in a manner that creates transitions between different densities and different uses. Special design elements and landscaping achieves this transitiorr 3.3 Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses. The use of landscaping is an important element in design of the Harveston Specific Plan. Landscape features from passive turf areas to group shade arbors and thematic and buffer FEBRUARY 2001 60 COMMUNITY DESIGN ELEMENT 3.4 landscape treatments all play important roles in creating a visually interesting development and reduce conflicts between different land uses. Improve the pedeslrian orientation, convenience and safety of commercial centers through the provision of pedestrian amenities such as benches, plaza axeas, information kiosks and other street furniture, and through careful site planning and architectural design. The Mixed Use Village Center in the Specific Plan area creates a pedestrian friendly environment where pedestrians can enjoy amenities such as plazas, gardens, gathering places, benches, and much mare to have a recreational as well as social experience. Goal 4: A streetscape system that provides cohesiveness and enhances community image. Discussion: The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities. Many of the proposed paseos will meander through the adjacent landscape; generous landscape parkways between roads and sidewalks create a positive image and provides identity for the community. Policies 4.1 Promote the development of a continuous sidewalk and trail system throughout the City. The Harveston Specific Plan includes an extensive system of trails/paseos, bike lanes, and sidewalks that circulate throughout the development and connect to city wide trail systems off- site. 4.2 Formulate a coraprehensive streetscape program for the major streets in the City, including unified landscaping, lighting, paving patterns, and other public improvements. This policy is not applicable because it is a City directed policy. 4.3 Encourage variety in the design of sidewalks and trails, with respect to alignment and surface materials, to provide a convenient and enjoyable experience for the users. The sidewalks and paseos included in the proposed plan incorporate unique design features, landscaping, and amenities offering users a different recreational experience. Many of the proposed paseos will meander through the adjacent landscape. 4.4 Establish a city-wide street tree and median/slope planting program. Section 10.0, Design Guidelines, of the Harveston Specific Plan requires that a detailed landscape program and guidelines for roadways and slopes be prepared by a qualified landscape architect, subject to review by City staff. The landscaping guidelines include a special street tree and median/slope planting program. The City (TCSD) will maintain all the landscaped medians and LDZ' s adjacent to single family residential, on roadways with a 66-foot ROW of larger. The applicant or master developer will be responsible for maintenance of all slopes planting areas until such time as these operations are the responsibility of other parties. FEBRUARY 2001 61 COMMUNITY DESIGN ELEMENT 4.5 4.6 4.7 4.8 Where feasible, require the provision of landscaped parkways between roads and sidewalks. The roadway sections contained in Section 10.0, Design Guidelines, of the Specific Plan depict generous landscaped parkways between roads and sidewalks. Arterial roads should be designed as landscaped parkways that serve as unifying urban design elements. The Design Guidelines (Section 10.0) of the Specific Plan include a unifying urban design theme for the arterial roads. Encourage the use of drought tolerant landscape materials that are easy to maintain and are approved by the City's Parks and Recreation Department. The plant material selection for common landscape areas for Harveston is presented in a plant palette that is broken down into different types of uses within the Specific Plan area (see Section 10.0, Design Guidelines). The plant material guidelines provide flexibility and diversity in plant material selection, while maintaining a limited palette in order to give greater unity and thematic identity to the community. The plant palette includes drought tolerant materials and will be subject to approval by the City's Community Services Department. Establish and enforce weed abatement programs on undeveloped properties and along major arterials. An effort to enforce weed abatement programs along major arterials will be part of the maintenance program for roadways identified in Section I0.0, Design Guidelines, of the Specific Plan. Goal 5: Protection of public views of significant natural features. Discussion: The Harveston Specific Plan will not impact public views of the surrounding significant natural features. The project site does not include any natural features that would be impacted by the development. Policies 5.1 Work with the County of Riverside to protect the surrounding hillside areas. This policy is not applicable because it is a City directed policy. 5.2 Promote the development of turn-outs on scenic roads. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 62 COMMUNITY DESIGN ELEMENT 5.3 Require the revegetation and maintenance of graded slope areas. The Harveston Specific Plan (see Section 8.0, Grading Plan and 9.0, Landscaping) requires the revegetation and maintenance of graded slope areas. 6.2 6.3 Goal 6: Maintenance and enhancement of the City's public spaces and resources. Discussion: The Harveston Specific Plan promotes public spaces within the development. In areas of high pedestrian activity (i.e.. the Mixed Use Village Center)provisions for street furniture and shade trees are included. Outdoor sitting area and plazas are part of the Mixed Use Village Center. In nd,41tion, in paseos and passive recreation parks, trees and benches are provided for the convenience and comfort of the users. Polici~ 6.1 Provide for street furniture in areas with high pedestrian activity and provide for shade trees in shopping areas. The Design Guidelines of the Specific Plan provides detailed description of roadways, including street furniture and other elements. In areas of high pedestrian activity (i.e., the Mixed Use Village Center) provisions for street furniture and shade trees are included. In addition, in paseos and passive recreation parks, trees and benches are provided for the convenience and comfort of the users. Establish improvement plans for ~he City's public spaces and include these plans in the Capital Improvement Program. This policy is not applicable because it is a City directed policy. Assure that operating and maintenance costs are adequately provided for public facilities. Section 12.0, Implementation and Administration, of the Specific Plan addresses costs of operating and maintaining public facilities. Additionally, Development Impact Fees, to be paid by the project, will provide for capital improvements. Goal 7: Community gathering areas, which provide for the social, civic, cultural and recreational needs of the community. Discussion: The Harveston Specific Plan proposes gathering areas and plazas within the commercial developments (Mixed Use Village Center) that will also accommodate social events. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. Also, mini parks in FEBRUARY 2001 63 e:eoo~s~pcosstsr~c~.~oc COMMUNITY DESIGN ELEMENT Policies 7.1 7.2 7.3 addition to paseos and passive recreational parks and a clubhouse facility are provided throughout the development where residents will gather for social and recreational activities. 7.4 7.5 Encourage the development of public spaces and plazas within commercial developments that can accommodate cultural and social evems and function as community gathering areas. The Harveston Specific Plan proposes gathering areas and plazas within the commercial developments (Mixed Use Village Center) that will accommodate social events. Additionally, the Village Green creates a public gathering place, which will encourage social interaction and community activities, such as concerts or farmers markets. 7.6 Encourage the development of multi-purpose facilities within commemial developments that may be leased for a variety of public and private events. The Harveston Specific Plan proposes multi-purpose facilities within the commercial developments (Mixed Use Village Center) that will accommodate public and private events. The Village Club will include facilities that can be utilized for events such as weddings. Additionally, uses within the Mixed Use Village Center such as church can accommodate public and private events. Encourage the development of a range of uses within commercial developments that provide for day and evening activities. Day and evening activities are permitted and encouraged within the Mixed Use Village Center and Service Commercial areas. Encourage development of common areas and facilities within residential developments to provide gathering areas for social and recreational activities. Mini parks in addition to paseos and passive recreational parks and a clubhouse facility are provided throughout the development where residents will gather for social and recreational activities. Encourage the development of employee lunch areas within the industrial/business park facilities. Some industrial/business park uses are permitted within Planning Are No. 12 of the Specific Plan. While the Specific Plan does not expressly require employee lunch areas within the industrial/business park areas, the City's Development Code does. Section 12.1 of the Specific Plan states: "any development regulation and building requirement not addressed in the Specific Plan shall be subject to the City's adopted regulations." It is anticipated that these employee lunch areas will be provided if these uses are developed. Promote the provision of cultural facilities within the community including: art museums, theaters, performing art centers, outdoor amphitheaters, and special cultural exhibitions. The Harveston Specific Plan includes a Village Club where above activities are allowed and encouraged. Additionally, outdoor activities such as exhibitions, outdoor amphitheaters, and public gathering are also permitted in open space areas adjacent to the Mixed Use Village Center. FEBRUARY 2001 64 ECONOMIC DEVELOPMENT ELF~MENT ~. ECONOMIC DEVELOPMENT ELEMENT Goal 1: Development of a strong base of clean manufacturing activities which employs a skilled labor force and can be successfully integrated into Temecula's community character. Some clean manufacturing uses are allowed in the Planning Area No. 12 of the Specific Plan. This may contribute to the existing strong base of clean manufacturing activities which employs a skilled labor force. This type of development will also be held to the standards required of other clean manufacturing uses, thereby being successfully integrated into Temecula's community character. Goal 2: Diversification of the economic base to include a range of manufacturing, retail and service activities. Discussion: The Harveston Specific Plan has been designed taking into account the City of Temecula's socio- economic patterns, and therefore, will adapt to the City's both short and long-term economic conditions. The proposed project includes plans for retail, service cornmercial, and other activities that provides a broad selection of high-quality goods and services for residents, workers and tourists. Policies 2.1 Provide for industrial land uses, which facilitate a variety of user types, including manufacturing space, storage and distribution, back-office space, and research and development space. This policy is not applicable because the Harveston Specific Plan does not include industrial and manufacturing uses. 2.2 Plan for land use and development patt~rus that allow succession of use and will adapt to Temecula's economic conditions. The Harveston Specific Plan has been designed taking into account the City of Temecula's socio- economic patterns, and therefore, will adapt to the City's both short and long-term economic conditions. 2.3 Promote development of properly located and well designed commercial centers to meet the diverse service needs of the City. The Harveston Specific Plan includes plans for well designed commercial centers that will meet the many service needs of the City. The appropriate location of the Service Commercial supports the above policy. 2.4 Promote retail and other support activities that provide a broader selection of high-quality goods and services for residents, workers and tourists, including apparel, general merchandise, home furnishings and appliances. FEBRUARY 2001 65 ECONOMIC DEVELOPMENT ELEMENT 2.5 The proposed project includes plans for retail and other activities that provides a broad selection of high-quality goods and services for residents, workers and tourists. Use redevelopment powers and opportunities to enhance development opportunities. This policy is not applicable because it is a City directed policy. Goal 3: Maintain an economic base to provide a sound fiscal foundation for the City as well as quality community facilities and high service levels. Discussion: The Harveston Specific Plan proposes a broad array of uses ranging from neighborhood retail commercial to service commercial, residential, recreational and school. The uses are phased in a manner to balance revenue generating land uses with uses that have negative fiscal impacts. The commercial activities provided for within the Specific Plan area wdl greatly help in providing fiscal balance, local tax, and employment opportunities. PoHe~s 3.1 Encourage a pattern of development that balances revenue generating land uses in phase with other uses that have negative fiscal impacts. The Harveston Specific Plan proposes a broad array of uses ranging from neighborhood retail commercial to service commercial, residential, recreational and school. The uses are phased in a manner to balance revenue generating land uses with uses that have negative fiscal impacts. 3.2 Encourage the growth or relocation of industries that generate local tax and employment advantages. The commercial activities provided for within the Specific Plan area will greatly help in providing fiscal balance, local tax, and employment opportunities. 3.3 Evaluate fiscal impacts of new development on an ongoing basis and provide appropriate mitigation strategies. This policy is not applicable because it is a City directed policy. 3.4 Take advantage of Temecula's regional capture of taxable sales and continue to establish Temecula as retailing center along the Interstate 15 corridor. The Harveston Specific Plan contains 112.4 acres of service commercial uses, which will help continue to establish Temecula as a retailing center along the Interstate 15 corridor. FEBRUARY 2001 66 ECONOMIC DEVELOPMENT ELEMENT Goal 4: EstablLghment of a diverse education and training and job placement system, which will develop and maintain a high qnality work force in Temecula. Discussion: The Harveston Specific Plan proposes learning institution~, such as university extension, a junior college, and learning centers (for elementary through high school) within the Mixed Use Village Center. PoHcies 4.1 Support economic development goals through a range of education and U:aining activities. The Harveston Specific Plan supports educational program~ and activities that would benefit the residents locally and throughout the City of Temecula. The Mixed Use Village Center contained in the Specific Plan permitted uses t~. t would allow for different education and training activities and programs. 4.2 Establish a proactive, periodic dialogue early in the planning process between the City and educational institutions, including school districts and community colleges, on issues related to the phasing of development, service standards and demands. During the development and design of the Harveston Specific Plan, the project's planners have continually been in contact with educational institutions on issues such as phasing of development, service standards and demands. The project's impacts on these institutions have been analyzed in the Environmental Impact Report. The project has been particularly in contact with the School District on the issue of locating a 12.0-acre elementary school within the project site. 4.3 Explore the potential for a comprehensive extension center through UC Riverside and/or the California State University system The Harveston Specific Plan proposes learning institutions, such as university extension, a junior college, and learning centers (for elementary through high school) within the Mixed Use Village Center. Goal 5: Promote the advantages to businesses of locating in Temecula, including cost advantages, amenities, housing, community activities and civic services. Discussion: The Harveston Specific Plan includes many incentives for businesses locating in Temecula and in the Harveston community. The proposed project provides an array of housing opportunities with varying costs, sizes, and densities, which provide opportunities to different income levels. In nddition, it offers diverse amenities, recreation facilities, and open spaces throughout the community, which will appeal to many businesses. FEBRUARY 2001 67 ECONOMIC DEVELOPMENT ELEMENT 5.1 Develop and maintain a marketing program to publicize the virtues of relocating to Temecula. This policy is not applicable because it is a City directed policy. 5.2 Monitor the economic conditions in Temecula in comparison to other locations in California and throughout the nation to determine relative advantages. This policy is not applicable because it is a City directed policy. 5.3 Monitor the supply of housing in relation to the supply of jobs in terms of balancing area-wide jobs, households, worker earnings and housing expenses. This policy is not applicable because it is a City directed policy. 5.4 Monitor existing businesses in Temecula and identify the elements of a business retention program. This policy is not applicable because it is a City directed policy. Goal 6: Develop Temecula as a comprehensive, recognizable tourist destination, with a range of attractions throughout and beyond the sphere of influence. This goal is not applicable because it is a City directed goal. Policies 6.1 Encourage and enhance cooperative efforts with the wine-making industry in the Temecu]a Valley to promote Temecnia as a destination resort. This policy is not applicable because it is a City directed policy. 6.2 Identify commercial recreation, convention and resort activities - including golf-oriented resorts - that can take advantage of Temecula's character and climate, while complementing wine~ making activities. This policy is not applicable because it is a City directed policy. 6.3 Revitalize and enhance Old Town to expand its role in local tourism and to improve its attractiveness, accessibility, and economic vitality. This policy is not applicable because it is a City directed policy. 6.4 Enhance the City's image through development of cultural facilities, including performance arts, museums. This policy is not applicable because it is a City directed policy. FEBRUARY 2001 68 ATTACHMENT NO. 11 COMMUNITY MANAGEMENT ENHANCEMENT PLAN (CMEP) R:\S P~arveston SP\PC Docs\ PC STAFFRPT.doc 47 Harveston Community Mobility Enhancement Plan (CMEP) This purpose of the Community Mobility Enhancement Plan (CMEP) is to provide a wide array of options for residents of Harveston to move within their Community, as well as the City of Temecula and other surrounding destinations. Focus has been placed on reducing dependency upon the automobile. The goal is to have a safe, efficient system that provides mobility for people of all ages. Enhanced mobility leads to more personal freedom and increased opportunities for social interaction. Potential options may include: a shuttle system, walking, hiking and jogging paths, bike lanes, ridesharing/carpools, vanpools, school pools, walking school buses, commuter services, appropriately situated land uses (employment and services nearby) and enhanced communications amongst the residents. Shuttle Loops (Private and/or Public) The Harveston Depot is located in the Village Center of the community. Convenient, safe and well- landscaped paths are provided for the residents to get to the Village Center. The Depot is envisioned to be a hub of activity within the community. · Potential shuttle destinations could include the following: · Promenade Mall. · Industrial area of City of Temecula & Murrieta. · Adjacent employment areas. · Day Middle School. · Chaparral High School. · Temecula Sports Park/CRC. · Mt. San Jacinto College. · Senior Center/Old Town. · Post Office. · The Loop Road (transport residents to the school, village, lake/lake park and the Community Park). · City of Temecula Community Functions. · 4~h of July Parade/Fireworks. · Festival of Lights Parade (December). · Council & Commission meetings. · A special rate for passes should be considered for Harveston residents. · The coordination of resources will be beneficial to utilizing resources in the most efficient manner. The following agencies and programs should work in conjunction with each other: · Local programs: · RTA. · TVUSD. · Smart Shuttle. · Dial-a-ride, · Resources/funding sources to be explored: · State of California. · Federal programs. · Private (non-project). · Private (project). · Local/regional. Specific Plan Figure 3.1 (Land Use Plan). This Plan has been designed with clustered units located in proximity to Harveston Lake/Lake Park and the Village Center. According to RTA, these densities create the "efficiencies" to support a shuttle system. Multiple paths and trails lead to the Harveston Depot in the Village Center. Specific Plan Figure 7.4 (Public Transit Plan). This Plan shows existing RTA mutes and stops as well as routes and stops proposed within Harveston. RTA has indicated that the shuttle could serve the project initially at the Harveston Depot located in the Villager Center. This component can be marketed to potential buyers. · The program should be promoted with a regular marketing campaign. The mobility of Harveston residents should be made to be fun. In addition, the safety, reliability and convenience of the systems need to be stressed. The following should be encouraged: · Unique shuttle design. · Promotions. · Coupons/discount tickets, · Gifts. · Recognition events. A survey should be conducted when residents move in. Find out where they want to go, how often, etc. and provide the necessary shuttle services to meet their needs. Walkinq to School Harveston has been designed as a walkable community. Sidewalks, paseos and multi-purpose trails connect all portions of the project. These pathways are well landscaped and vehicular conflicts are reduced to provide safe and convenient routes for walkers. Open-ended cul-de-sacs provide easy access to the Loop Road Paseo and remove potential obstacles to walkers. Pedestrian friendly short cuts are available throughout the project, including paths to the elementary school. Create programs to foster walking to the area schools (Harveston Elementary School and Chaparral High School). · Explore the possibility to provide incentives for the walkers (i.e., tokens, trading cards, and gift certificates from local businesses). Work this into the school's athletic or fitness programs. · The model has been established: '"~Nalking School Bus" features from "Street Reclaiming" by David Engwicht. · Create a safe walking environment. · Establish a volunteer program, which is coordinated by Harveston's Lifestyle Maintenance Organization (LMO), that schedules parents, elderly, etc. to chaperone the children to and from the elementary school. · Coordinate with the TVUSD to make the crossing @ the Santa Gertrudis Creek safe for the students going to and from the high school. A crossing exists at the Margarita Road Bridge and there is an entrance from the Creek to the school site. The mobility of Harveston residents will also be affected by the extent of the on-site and off-site regional trails system. As these develop, the transportation options will be enhanced. Bike trail maps can be obtained on-line. Walking. · Walking path maps can be obtained on-line. · Use calming devices (i.e., signage) to encourage motorists to drive slowly in heavy pedestrian areas. 2 · Special Events. · Harveston Hiking Day. · Fund-raising walk-a-thons. · Trail clean-up day. · Specific Plan. · Figure 4.7: Bicycle Plan. This plan has been developed to provide bike lanes and paths within Harveston and ties into existing and planned bike lanes and paths. · Figure 6.1: Open Space and Recreation Plan. This plan illustrates the open space and recreation components of Harveston. Walking paths are abundant throughout the project and connect key open space and recreation components. · City-wide Trails Plan. This Plan is currently being developed. Harveston will serve as a point of origin and destination for those utilizing the City-wide system. Intemet/Intranet This will foster communication between the Lifestyle Maintenance Organization (LMO) and the residents, as well as communication between the residents. Programs/Information that should be provided: · Carpooling/ridesharing Information. · Utilize the system to coordinate ridesharing efforts between the residents. Provide incentives for ridesharing. · Have a series of coordinators in the community (similar to a block captain for neighborhood watch). Have the coordinators meet regularly to foster communications and brainstorm to make the system better. Vanpools may be coordinated at this time. · Have regularly scheduled secial events where potential rideshare candidates can meet each other. Make these fun and festive events. · Have incentives/parties (perhaps Friday social hour) for those that rideshare 3 or more times within a week. · Schoolpooling Information. Similar to carpooling, but used for coordinating school-aged riders. Emphasis should be placed on trips to Day Middle School, Chaparral High School and Mt. San Jacinto College. · Bike pooling. · Provide. · Maps of bike routes. · Dates and locations for: · Maintenance clinics. · Bike safety clinics. · Bikeclub meetings. · Use incentives like those provided for carpooVrideshare. · Transit. · Utilize the CPS system that is being developed by RTA to make the shuttle system more efficient to the user. Wire homes with bells or lights to announce that the shuttle will be at the station in 5 minutes. Have interactive kiosks at the transit station and on-line that provides schedules for the shuttle. · Bulletin Boards. These boards can be used for communication between Harveston residents and can be similar to the Community Bulletin Board on Adelphia (Channel 28) or that used at Ladera Ranch (www.laderaranch.com). The Bulletin Boards may identify services, social and employment opportunities, as well as other items that are located within Harveston that could reduce vehicle trips to other portions of the City. Potential applications include: · Clubs. · Organizations. · Babysitting. · Daycare (in-home). · In-home care. · Employment Opportunities. · Excursions. · Phone numbers and e-mail addresses for businesses that offer home and office deliveries. The cost to the business can be minimal. They can include coupons/discounts on-line or revenue can be used for other subsidies or incentives. Commuter Services to employment areas outside of Temecula (i.e., San Diego, Los Angeles). information can be included in a monthly newsletter provided by the LMO. Much of this Uses Within the Villaqe Center By encouraging and focusing marketing efforts on certain types of uses within the Village Center, Citywide mobility is enhanced by reducing trips outside of the project. Potential uses to be rigorously recruited include: · Contract Postal Units. · Cafes. · Day Care. · Religious institutions. · Senior Housing. · Other convenience uses that keep trips within the project. · Specific Plan Section 11.4.5 (Mixed Use Overlay Zone) Permitted/Conditionally Permitted Uses Matrix. Public Education The benefits of these programs need to be expressed and understood by the public. · Benefits include: · Improved mobility. · Transportation options. · Health benefits (exemise). · Air Quality benefits. · Increased time for parents (no need to drive everywhere). · Increased opportunities for social interaction. · Decreased costs for transportation. · Potential options for education include: · Community newsletter. · Bulletin Board. · Local newspaper interest stories. · Schools. · Harveston walk/shuttle days (w/incentives). · Smart growth/livable communities example. 4 ATTACHMENT NO. 2 SCHOOL FEE SUMMARY LETTER R:\S P~Harveston SP~PC Docs~PC STAFF RPT 7-12-01.doc 5 June 26, 2001 Ms. Patty Anders City of Temecula, Planning Department 43200 Business Park Drive Temecula, CA 92590 Subject: Harveston School Agreements Response to Planning Commission Meeting on June 20, 2001 Dear Ms. Anders: As you know, we have been touting the fact that Harveston will be providing improvements first, that is, facilities being built prior to pulling permits for the construction of Phase 1 homes. In addition to providing off-site and on-site street and park improvements, we are also absolutely committed to the continued expansion of Temecula's marvelous school program. In that context, we are pleased to respond to your phone call from the other day, and the questions posed by Commissioner Mathewson at the subject Planning Commission meeting. In October 1998, Lennar Communities executed a school fee mitigation agreement with the Temecula Valley Unified School District whereby Lennar committed to pay $16,545,500 in school fees. The total value of the fees was based on Lennar's proposed development program of 585 attached and multi-family dwellings at $6644 per unit, and 1374 detached dwellings at $9213 per unit. The dwelling unit total included the 38 homesites previously developed on the east side of Margarita at Date Street. The school fee payments were further broken down into two groupings, those fees (50%) immediately payable at issuance of building permits, and those fees (50%) which were to be deferred in the event the district was unsuccessful in securing school construction funding from the state. The deferred fees were then divided into elementary school, middle school and high school obligations. The agreement indicated that the elementary school fee would equal approximately 32.4% of the total deferred fee and be payable within 5 years of the first building permit; the middle school fee would equal approximately 27% of the total deferred fee and be payable within 6 years of the first building permit; and the high school fee would equal approximately 40.5% of the total deferred fee and be payable within 8 years of the first building permit. 24800 Chrisanta Drive, Mission Viejo, CA 9269'1 - (949] 598-8500 Page 2 June 26, 2001 Additionally, the 1998 agreement required Lennar to grant an option to the TVUSD to convey approximately 10 acres of land for the construction of an elementary school within the Harveston community. The district was required to make their decision to acquire the property prior to approval of the 450th building permit. About a year after execution of the fee mitigation agreement, Lennar was approached by the TVUSD regarding conveyance of the elementary school parcel to the district. The district disclosed that they had an opportunity to secure state funding for an elementary school. They also indicated that they needed a 12 acre pamel of land, rather than 10, that they couldn't wait for the property to be entitled, that they needed a finished site, that they needed utilities and street access, and that they needed to be open for business by fall, 2001. The district further revealed that they would have to pay for the land through school fee credits granted to Lennar for the yet to be entitled Harveston project. On March 1, 2000 Lennar Communities executed a purchase and sale agreement with TVUSD to convey a 12 acre finished graded school site to the district for the sales price of $1,795,000. Also, in cooperation with the City of Temecula, Lennar agreed to install road and utility improvements to the school parcel at an approximate cost of $2,000,000. These improvements were to be built at Lennar's risk, inasmuch as the property was not entitled. In October 2000, the district advised Lennar that TVUSD had secured state funding for construction of the elementary school, and that the obligation for the elementary school portion of the deferred school fee had been satisfied. As of this date, the school and Lennar's improvements are better than 90% completed, and this facility will be opening in late August. Lennar has also been advised by TVUSD that construction funding has been secured for the middle school and that Lennar's deferred middle school obligation has been satisfied. As of the date of this letter, the Harveston school obligations are as follows: Fee Residential Residential M/F M/F Total Category At Permit Deferred At Permit Deferred Obligated Elem. School $6,329,300 Satisfied $1,943,400 Satisfied $8,272,700 Middle School (Incl.) Satisfied (Incl.) Satisfied (Incl.) High School (Incl.) $2,563,400 (Incl.) $787,100 $3,350,500 Total $6,329,300 $2,563,400 $1,943,400 $787,100 $11,623,200 Page 3 June 26, 2001 Of our original $16,545,500 school fee obligation, Lennar is still required to pay $11,623,200. This includes $8,272,700 in fees payable at building permit; and in the unlikely event that the high school construction is not funded by the state, Harveston will be required to pay an additional deferred fee of $3,350,500. Also, keep in mind that Lennar is owed fee credits for the $1,795,000 property it conveyed to the district. It is anticipated that these credits will be cashed in during the first phase of Harveston construction. Ms Anders, if you have any questions about this, or if you require additional information, please do not hesitate to contact me. I have also copied Dave Gallaher, Director of Facilities Services at TVUSD, you may wish to contact him regarding our school agreements. Additionally, would you please pass this correspondence on to the Planning Commission, as mentioned earlier in this letter, Commissioner Mathewson had questions on this subject at the meeting of the 20th. Sincerely, Bill Storm Project Director Enclosures: TVUSD Satisfaction of Deferred Obligation for Elementary School Letter Dated October 12, 2000 TVUSD Satisfaction of Deferred Obligation for Middle School Letter Dated August, 1 I, 2000 ecl Ray Becker, Lennar Communities Dave Gallaher, TVUSD October 12, 2000 Dave Gallaher Director of Facilities Services Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 RE: TVUSD/Lennar Mitigation Agreement; ..Satisfaction of Ele. mentax~C~l Deferred Fee Obligations Dear Dave: I am writing this letter to memorialize the fact that the Deferred Fee Obligations under . Section 3(e) of the Agreement dated October 2, 1998 (the "Mitigatiot~ Agreement") between Lennar and the School District are now satisfied. To memorialize the satisfaction of the Elementary School Deferred Fee, please sign the enclosed copy of this letter and return it to me for my files. Sincerely, / Project Director Enclosure cc: Penny Allen, Allen & Company Tom May, Luce, Forward, Hamilton & Scripps Acknow~dged and agreed that the Elementary School Deferred Fees under Mitigation Agr_gef~ent Section 3(e) have been satisfied in full. . , ~. By:/...~ ~ ~ ~.'. 24800 Chrisanta Drive. Mission Viejo, CA 92691 - (949] 598-8500 August 11, 2000 Dave Gallaher Director of Facilities Services Temecula Valley Unified School District 31350 Rancho Vista Road Temecula, CA 92592 RE: TVUSD/Lennar Mitigation Agreement; Satisfaction of Mid____dle School Deferred Fee Obligations Dear Dave: I am writing this letter to memorialize the fact that the Deferred Fee Obligations under Section 3(I) of the Agreement dated October 2, 1998 (the "Mitigation. Agreement") between Lennar and the School District are now satisfied. To memorialize the satisfaction of the Middle School Deferred Fee, please sign the enclosed copy of this letter and return it to me for my files. Sincerely, ~ Project Director Enclosure CC: Penny Allen, Allen & Company Tom May, Luce, Forward, Hamilton & Scripps Acknowledge~nd agreed that the Middle School Deferred Fees under Mitigation Agreement Section 3(1) have been sausfied in full. 24800 Chrisanta Drive, Mission Viejo, CA 92691 - (949] 598-8500 ATTACHMENT NO. 3 DEVELOPMENT AGREEMENT R:\S P~Harveston SP~PC Docs~PC STAFF RPT 7-12-01.doc 6 CITY OFTEMECULA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: City Councilmembers Planning Commissioners Patty Anders, Project Planner July 6, 2001 Additional Information on the Lake Access to the General Public and a Draft Copy of the Harveston Development Agreement. Attached is a memo from Herman Parker in response to the Planning Commission's inquiry regarding allowing the general public to have access to the lake and the possibility of obtaining insurance if the lake is opened to the public. The second item is a draft copy of the Harveston Development Agreement and the corresponding attachments. Please be aware that although it is a draft document, the Assistant City Attorney has indicated that this document represents a substantially completed document, approximately 96% complete, it is still, however, a work in progress to resolve the few remaining issues (approximately 4%) and therefore, additional changes may be made. Any changes will be communicated to you the night of the public hearing on July 12, 2001. CITY OF TEMECULA ADMINISTRATIVE SUPPORT GROUP MEMORANDUM TO: FROM: DATE: RE: Shawn D. Nelson, City Manager Gary Thornhill, Deputy City Manager Debbie Ubnoske, Planning Director City of Temecula Planning Commission Herman D. Parker, Director of Communit! Servic~ July 3, 2001 Lake Insurance Issues At the last Planning Commission meeting, staff was requested to investigate the feasibility of an insurance company providing coverage for a privately owned and operated lake facility, if the facility is open and accessible to the general public. Over the last few days I have contacted insurance companies that represent HOA owned and maintained lakes and lake park facilities similar to the facility proposed in the Harveston development. These sites include Lake Forest, Woodbridge in Irvine, Lake Mission Viejo, Sunnymead Ranch Lake in Moreno Valley, East Lake in Yorba Linda, Menifee Lakes Association and Rancho Santa Margarita Lake. Four (4) different insurance companies represent these HOA facilities. Marsh Insurance represents Lake Forest, Woodbridge and Mission Viejo. I spoke with agent Randy Hughes who informed me that all of these lakes are privately owned and maintained by the Homeowner's Associations. Some of these facilities permitted the public to access the grounds around the lake, but none of them permitted the public to have access to the bodies of water itself. Mr. Hughes stated that although he felt it would be possible to find an insurance carrier to insure public access to a private lake, he felt the premiums would be high and could be cost prohibitive for the HOA. He knows of no HOA that has taken on that responsibility. LaBarre/Oksnee Insurance represents Sunnymead Ranch Lake and East Lake. Both of these facilities are privately owned and maintained by a HOA. The public is not allowed access to the lake, unless they are present as a guest of HOA members. Agent Scott Oksnee informed me his insurance company would not be willing to take on the additional liability of allowing the public to have access to the body of water. He also stated that it may be possible to obtain insurance, but the premiums may be fairly substantial. The premium for insurance carriers is based on exposure. The more exposure you have for accidents to occur, generally the higher the rate for the premiums. Once again, his company would not be willing to insure an HOA owned and maintained lake if the public had complete access to the facility. R:~ZIGLERG\MEMOS\Harveston Lake Insurance Issues.doc Tompkins & Company Insurance represents Menifee Lakes Association. Agent Martha Cook informed me that the facility is privately owned, maintained and operated by the HOA. The facility does not allow public access to the lake unless you are guest of a resident of the HOA. Ms. Cook emphatically stated that her company would not insure any lake that was open to the general public. My final contact was with Edward Jacobs & Company Insurance. Agent Mare Nelson informed me that his company provides the insurance coverage for the lake in the Rancho Santa Margarita development. Mr. Nelson stated that the Rancho Santa Margarita Lake does allow the public to use the grounds around the lake, however the public does not have access to the body of water itself, unless they enter the facility through the Lake Club as a guest of a resident. Mr. Nelson stated that his company would not be willing to provide insurance for a privately owned HOA lake facility if the general public had complete access to the facility. He went on to say that there may be a few companies out there that would be willing to provide this insurance, however he cautioned that the premiums might be excessive. In summary, it would appear from the companies that I have been able to contact that most HOA owned and maintained lake facilities do not allow the general public access to the body of water itself, however some do allow public access to the grounds around the lake. If public access were granted at these facilities, the premiums would be substantial. Staff feels that public access to a lake park and the surrounding grounds in the Harveston development would be a tremendous asset. The trail and open space will provide the public the opportunity of walking and jogging and other passive recreation opportunities. 95% of the recreational uses that are provided by the Harveston lake facility are available to the public without access to the body of water itself. Such is the case for the Temecula Duck Pond, one of our premier City park facilities, which allows no access to the body of water and is still thoroughly enjoyed by the community on a daily basis. If you should have any questions, please do not hesitate to contact me. cc: City Council Phyllis Ruse Cathy McCarthy Patti Anders Saied Naaseh Dave Hogan R:~ZIGLERG\MEMOS\Harveston Lake Insurance Issues.doc DEVELOPMENT AGREEMENT By and Between THE CiTY OF TEMECULA, City, and LENNAR and WINCHESTER HILLS, collectively Owner. DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of the ___ day of .......... 2001 ("Agreement Date"), by and between ................ a ................................... ("Lennar") and Winchester Hills ................. LLC, a .................... ("Winchester"), and the CITY OF TEMECULA, a municipal corporation, organized and existing under the laws of the State of California (hereinafter "CITY"), pursuant to the authority of Sections 65864 through 65869.5 of the California Government Code and Article XI, Section 2 of the California Constitution. RECITALS This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. The Development Agreement Legislation authorizes the CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; assist in the financing of public improvements; protect against initiatives, moratorium (processing or development) and other actions inconsistent with the Project anticipated by this Agreement; assure reimbursement of OWNER in accordance with the terms of this Agreement and state and federal law; and provide for economic assistance to OWNER for the entitlements authorizing development related improvements. C. Lennar and Winchester are the owners of certain real property within the City of Temecula, the County of Riverside, State of California (individually, "Lennar Property" or "Winchester Property" and collectively, the "Property"), as more particularly described in Attachments "l-A", "l-B" and "1-C", [including a plat graphically depicting eachJ respectively. OWNER desires to develop the Property in accordance with the provisions of this Agreement, the Existing Regulations and those regulations of other agencies Development Agreement 1653600.RED ~ 24531-9 712/01 exercising jurisdiction upon the project. The Scope of Development of the Property as contemplated by this Agreement is described below. D. OWNER has applied for, and the CITY has agreed to, this Agreement in order to create a beneficial project and a physical environment that will conform to and complement the goals of the CITY, create a development project sensitive to human needs and values, facilitate efficient traffic circulation, and develop the Property. As part of the process of granting this entitlement, the City Council of the CITY has required the preparation of and has certified the Project EIR in order to identify any significant environmental effects arising from the Development and has otherwise carried out all requirements of the California Environmental Quality Act ("CEQA") of 1970, as amended. Project: The following actions were taken with respect to this Agreement and the 1. On .............. 2001, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement, the General Plan amendment, the Specific Plan, Rezone and Tentative Map No. _ ...... by adoption of its Resolution No ...... and making the findings of fact thereto; 2. On ............... after a duly noticed public hearing and pursuant to CEQA, the City Council certified the Project EIR and adopted the Mitigation Monitoring and Reporting Program by adoption of its Resolution No. _ .... and making the findings of fact thereto; 3. On ............. after a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the CITY by adoption of its Resolution No ...... and making the findings of fact thereto; 4. On , after a duly noticed public hearing, the City Council approved the Specific Plan, the General Plan amendment, the Rezone and Tentative Map No. by adoption of its Resolution No ................. Ordinance No ..... and making the findings of fact thereto; 5. On , after a duly noticed public hearing, the Board of Directors of the Winchester Financing Authority will have adopted a Resolution Authorizing Changes to a Rate and Apportionment of Special Taxes of Community Facilities District 98-1. Development Agreement 1653600,RED - 24531-9 2 7/2/01 6. On ................ after a duly noticed public hearing, the City Council introduced Ordinance No ..... approving and authorizing the execution of this Agreement and on .............. the City Council adopted the Ordinance, a copy of which is on file with the City Clerk of the CITY, and the findings and conditions pertaining thereto. F. The CITY has engaged in extensive studies and review of the potential impacts of the Project under the California Environmental Quality Act and all applicable Existing Regulations, as well as the various potential benefits to the CITY by the development of the Project and concluded that the Project is in the best interests of the CITY. G. In consideration of the substantial public improvements and benefits already provided and those to be provided by OWNER and the Project, as described in Attachment 2, in further consideration of the benefits that will inure to the CITY in conjunction with the implementation of the Project and in order to strengthen the public financing and I~lanning process and reduce the economic costs of development, by this Agreement, the CITY intends to give and by this Agreement gives, OWNER assurance that OWNER can proceed with the Development of the Project for the Term of this Agreement pursuant to the terms and conditions of this Agreement and in accordance with the Development Plan Approval(s) and the Existing Regulations. In reliance on the CITY's covenants in this Agreement concerning the Development of the Property, and the riqhts afforded OWNER hereunder, OWNER has aqreed to provide those benefits described in Attachment 2 as "Development Aqreement Benefits," and OWNER has and will in the future incur substantial indebtedness, as well as costs in planning, engineering, site preparation and the construction and installation of major infrastructure and facilities that OWNER would not incur but for the covenants of CITY provided in this Agreement. H. Pursuant to Section 65867.5 of the Development Agreement Legislation, the City Council has found and determined that: (i) this Agreement and the Development Plan Approval(s) implement the goals and policies of the CITY's General Plan and the Specific Plan, provide balanced and diversified land uses and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the CITY, (ii) this Agreement and the Project are in the best interests of and not detrimental to the public health, safety and general welfare of the CITY and its residents; (iii) adopting this Agreement is consistent with the CITY's General Plan and constitutes a present exercise of the CITY's police power; and (iv) this Agreement is being entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Legislation. I. The CITY and OWNER agree that it may be beneficial to enter into operating memoranda, additional agreements or to modify this Agreement with respect to the LennaflHarveston Development Agreemenl 1653600.RED - 24531-9 3 712101 implementation of the separate components of the Project when more information concerning the details of each component is available, and that this Agreement should expressly allow for such contemplated operating memoranda, additional agreements or modifications to this Agreement. AGREEMENT NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Legislation, pursuant to Article XI, Section 2 of the California Constitution, and in consideration of the foregoing recitals of fact, all of which are expressly incorporated into this Agreement, the mutual covenants set forth in this Agreement, the parties agree as follows: 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 shall, for all purposes of this Agreement, or any supplemental agreement, and any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to "Articles," "Sections" and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the word "herein," "hereof," "hereunder" and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. "Agreement Date" means ........... 2001, the date of the [second] introduction and reading of the Authorizing Ordinance by the City Council. "Authorizing Ordinance" means Ordinance No ...... of the CITY approving this Agreement. "CITY" means the City of Temecula, a California municipal corporation, duly organized and existing under the Constitution and laws of the State of California, and all of its officials, employees, agencies and departments and assignees or successors. "City Council" means the duly elected and constituted city council of the CITY. "Connecting Arterials" mean the arterial roads for which the alignment is not finally established in the Specific Plan for Planning Areas 8, 10, 11 and 12 Ilconfirmll, as Lennar/Harveston Development Agreement 1653600.RED - 24531-9 4 7/2/01 required for the Interchange Improvements on the east side of 1-15 within the western approximately one-third of the Project, including, without limitation, Date Street and Ynez Avenue. "Con necting Arterial Plan" shall mean the Alignment and Grade Plan, as the same is defined by the City of Temecula Public Works Department, as defined in Section 4.3.4.1. "Develop" or "Development" or "Developing" means the improvement of the Property for purposes consistent with the Development Plan, including, without limitation: subdividing, grading, the construction of infrastructure and public facilities related to the Off-Site Improvements, the construction of structures and buildings and the installation of landscaping, all in accordance with the phasing provided for herein. "Development Agreement Legislation" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Agreement Date. "Development Impact Fees" or "DIF" means, individually and in the aggregate, the CITY's currently adopted development impact fees as set forth in Ordinance No. 97-09 in effect as of the Agreement Date [as set forth in the Temecula Municipal Code in Section 15.06.], "Development Plan" means the plan for Developing the Property contained in this Agreement, the City of Temecula General Plan as amended on ,2001 and as thereafter amended in accordance with Section 3.6 hereof, the Specific Plan, Rezone, Tentative Tract Map No. 29639 and Tentative Tract Map Nos. 29928, 29929 and 30088, the Project EIR (including Mitigation Monitoring Program) and those Future Development Approvals, approved in conformance with Section 3.7 hereof. "Development Plan Approval(s)" means the approvals of the City Council and other governmental agencies and other actions and agreements described in Attachment 3 hereto, including those amendments to this Agreement made in accordance with Section 3.5, those amended to the Development Plan Approvals made in accordance with Section 3.6 and those Future Development Approvals made in accordance with Section 3.7. "Development Transferee" means a person or entity that expressly assumes obligations under this Agreement pursuant to Section 2.5 hereof. "Effective Date" means the date the Authorizing Ordinance becomes effective. "End User" means a buyer, assiqnee, or transferee of one or more individual subdivided unit(s)/Iot(s) of the Project obtaininq such unit(s) or lot(s) for the purpose of Lennar/Harveston DeveJopment Agreement 1653600.RED - 24531-9 5 7/2/01 occupyinq or usinq such lots or units for its own purposes and not for use in the trade or business of further development or further subdivision. The term "End User" includes, but is not limited to, any homeowner's association, merchant's association, or like entity formed with respect to the Property which owns some interest in the Property, home owners, tenants, commercial buildinq owners and owners of multi-family units. "Existing Regulations" means those ordinances, rules, regulations and official policies of the CITY other than the Development Plan Approval(s) in effect on the Agreement Date, which (i) are not inconsistent with the Development Plan Approval(s) and this Aqreement; and (ii) govern the permitted uses of the Property, building heights, the size of structures, the density and intensity of use of the Property, the timing, fees, and conditions to Development, exactions, assessments, the procedures for, and types of, permits required for the Development, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Property and the infrastructure required for the Development. By way of enumeration, and not limitation, the Existing Regulations include those portions of the items identified on Attachment 4 hereof that are not inconsistent with the Development Plan Approvals and this Aqreement. The CITY has certified two copies of each of the documents listed on Attachment 4. The CITY has retained one set of the certified documents and has provided OWNER with the second set. "Future Development Approvals" means those entitlements and approvals that are: (a) made in accordance with Section 3.7; and (b) requested by the CITY or OWNER in order to authorize the Development to occur upon the Property in a manner consistent with the Development Plan Approval(s). By way of enumeration, and not limitation, the Future Development Approvals include actions such as development permits, [development] plan review, tentative maps, final maps, use permits, variances, grading permits, occupancy permits and building permits. "Interchange Improvements" meacrs mean the improvements required for & ',,~,, .... service interchange for Interstate 15, includinq, without limitations, the Connectinq Arterials, within the western approximately one-third of the Project as the same may be approved ....... '" ............. "'"" ~f ......... in accordance with Section 4.3.3 hereo__f. "Lennar" means ................... , "Lennar Development" means the Development located on the Lennar Property, and Public Infrastructure Improvements related thereto. Lennar/Harveston Development Agreement 1653600.RED - 24531-9 6 7/2/01 "Lennar Property" means that certain real property that is part of the Property, as described in Attachment 1-A hereto and subject to refinement upon recordation of the Tract Map 29639. "Merchant Builder" means a buyer, assignee, or transferee (other than the OWNER or any End User) of one or more individual lots or tracts of the Project, acquiring such lots or tracts for the purpose of engaging in the business of developing, improving, or using such lots or tracts for development. "OWNER" is Lennar and Winchester and others [who subsequently are] assigned the rights and obligations of OWNER pursuant to Section 2.5 2.5.7 hereof. "Planning Commission" means the duly appointed and constituted planning commission of the CITY. "Public Facilities Finance Plan" means the [proposed] plan attached hereto as Attachment 7. "Public Financing" means the issuance of bonds and related provision of funds for acquisition of public facilities in accordance with the terms and conditions of the Public Facilities Finance Plan. "Public Infrastructure Improvements" mean the improvements described in Attachment 5 and described in the Development Plan Approval(s). "Project" means the development of the Property as set forth in the Development Plan Approval(s). "Project EIR" means that environmental impact report prepared for the Project, as certified on ............. 2001. "Project Study Report" means Project Study Report [approved] by Caltrans that delineates the location [and nature] of the Interchange Improvements Lennar/Harveston Development Agreement 1653600.RED - 24531-9 7 7/2/01 "Property" means that certain real property described in Attachment 1-C hereof. "Specific Plan" means the Harveston Specific Plan, approved by the CITY on , 2001 and as thereafter amended from time to time in accordance with Section 3 6 of this Agreement ...... ' ........................ r-,,A__:__ ^ .... ,.A,, "Term" means the time frames set forth in Section 2.3. "Winchester" means Winchester Hills ............ LLC, a .............. "Winchester Development" means the Development located on the Winchester Property, and the Public Infrastructure Improvements related thereto. '"Winchester Property" means that certain real property that is a part of the Property, as described in Attachment 1-B hereto and subject to refinement upon recordation of Tract Map No. 29639. 2. General Provisions. 2.1 Binding Covenants. Except as otherwise provided for in this Agreement, the provisions of this Agreement to the extent permitted by law, constitute covenants which shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the parties, all successors in interest to the parties hereto to the extent provided for in this Agreement. 2.2 Interest of OWNER. OWNER represents that OWNER owns fee simple interest in the Property. 2.3 Term. This Agreement shall become effective on the Effective Date. [Unless terminated pursuant to Section 2.4, with] respect to the Lennar Property, this Agreement shall terminate at 11:59 p.m. on the tenth (10th) anniversary of the earlier of either (i) the date the CITY issues either the first (1st) building permit for a residential dwelling unit other than a model unit or for a commercial structure within the Lennar Property or (ii) the second (2nd}f2d) anniversary of the Effective Date. The termination shall occur subject to specific extensions, force majeure, revisions, and termination provisions of this Agreement. [Unless terminated pursuant to Section 2.4, with] respect to the Winchester Property, this Agreement shall terminate at 11:59 p.m. on the t~ fifteenth (15th) anniversary of the eacHef later Ilinserted per the request of Winchesterll of either: (i) the date the CITY issues the first (1st) building permit for a LennadHarveston Development Agreement 1653600.RED - 24531-9 8 712101 non-residential building on the Winchester Property; or (ii) the date the limitations on development imposed by Section 4.3.4 hereof terminate. 2.4 Termination. This Agreement shall be deemed terminated and of no further effect, except for those covenants and agreements that expressly survive termination, upon the occurrence of any of the following events: 2.4.1 If termination occurs pursuant to any specific provision of this Agreement, including, without limitation, a termination in the event of default; 2.4.2 Completion of the total build-out of the Development pursuant to the terms of this Agreement and the CITY's issuance of all required occupancy permits and acceptance of all dedications and improvements required to complete Development; or 2.4.3 Entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the CITY as a result of any lawsuit filed against the CITY to set aside, withdraw, or abrogate the approval of the City Council of this Agreement. 2.4.4 The expiration of the Term as set forth in Section 2.3. To provide notice to all, and not as a condition of the effectiveness of a termination of this Agreement, the parties agree to execute and record terminations of or releases of this Agreement. LennaflHa~eston Development Agreement 1653600.RED - 24531-9 9 712101 2.5 Transfers and Assiqnments. LennaflHarveston Development Agreement 1653600RED - 24531-9 1 0 712/01 the a,a[gnee or transferee and v~'h[ch unequivocally ackno;;'led§e~ that the a~i§nee specified and acknowl~dge~ thoae LennadHarveston Development Agreement 1653600.RED - 24531-9 11 7/2/01 Transfer or Assiqn to End User. Each OWNER and any Merchant Builder, shall, without the consent of tho CITY or aag othor pang, have the right from timo to timo and on such number of occasions as it chooses, to sell1 assiqn or otherwise transfer any or all individual lots on final maps approved on the Property or any portion thereof, to any End User at any time durinq the Term of this Aqreement. Absent an express written assumption of the obligations or rights hereunder, upon the sale, assiqnment, or other transfer to an End User of one or more individual lots, this Aqreement shall terminate with respect to such lots without the execution or recordation of any further documentation. For purposes of documentation only, the transferor/assiqnor shall provide CITY with written notice of the name of any End User, that assumed riqhts or obliqations hereunder, toqether with a description of the assumed riqhts and obliqations. 2.5.~2 Right to Assign to Merchant Builder. Provided OWNER has previously delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, that OWNER shall, without the consent of the CITY or any other party, have the riqht from time to time and on such number of occasions as it chooses to sell, assiqn or otherwise transfer its interests in a portion of the Property together with some or all of its riqhts and obliqations under this Aqreement with respect to the portion of the Property which is subject to transfer (the "Transferred Property"), to any Merchant Builder at any time durinq the Term of this Aqreement. If the OWNER has not delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, any assiqnment or transfer of the Transferred Property toqether with some or all of that OWNER's riqhts and obliqations under this A~qreement with respect to the Transferred Property to a Merchant Builder requires the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed. Any transfer or assiqnment must be pursuant to a sale, assiqnment or other transfer of an interest of such OWNER in a portion of the Property and shall be subiect to the followinq criteria and conditions: (i) the transferor/assiqnor shall notify the CITY at least twenty (20) days prior to the transfer of the name of the Development Agreement 1653600.RED - 24531-9 12 712/01 Merchant Builder, toqether with the correspondinq riqhts and obliqations, if any, beinq transferred to such Merchant Builder; and (ii) the aqreement between the transferodassiqnor and Merchant Builder pertaininq to such transfer shall provide, and OWNER shall qive CITY notice of such provision, which obligations of OWNER under this Agreement the Merchant Builder shall be liable to perform, and acknowledqinq those obliqations OWNER retains. 2.5.3. Assiqnment of Riqhts to Subsequent Owner. Provided OWNER has previously delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, that OWNER shall, without the consent of the CITY or any other party, have the riqht from time to time and on such number of occasions as it chooses to sell, assiqn or otherwise transfer its interests in the Transferred Property together with its rights and obliqations under this Aqreement as an OWNER with respect to the Transferred Property to another person or entity ("Subsequent Owner") at any time durinq the Term of this Aqreement. If the OWNER has not delivered the security required of that OWNER by Section 2.5.4 hereof to the CITY, any assiqnment or transfer of the Transferred Property toqether with its riqhts and obligations under this Aqreement as an OWNER with respect to the Transferred Property to a Subsequent Owner requires the prior written consent of the CITY, which consent shall not be unreasonably withheld or delayed. Any transfer or assiqnment must be pursuant to a sale, assiqnment or other transfer of an interest of such OWNER in a portion of the Property and shall be subiect to the followinq criteria and conditions: (i) the transferodassiqnor shall notify the CITY at least twenty (20) days prior to the transfer of the name of the Subsequent Owner, toqether with the correspondinq riqhts and obliqations, if any, beinq transferred to such Subsequent Owner; and (ii) the aqreement between the Owner and Subsequent Owner pertaininq to such transfer shall provide, and OWNER shall qive CITY notice of such provision, which obliqations of OWNER under this Aqreement the Subsequent Owner shall be liable to perform and acknowledqinq those obliqations OWNER retains. Upon transfer of title to the Transferred Property, the Subsequent Owner will be considered an OWNER for all purposes under this A~reement. 2.5.4 Security for Transfer. With respect to the Lennar Property, prior to transferrinq or assiqninq all or a portion of that portion Property without obtaininq the prior written consent of the CITY, Lennar shall post a corporate quarantee as security for the construction of the improvements described in Attachment in an amount equal to the amount identified in Attachment The amount of the corporate ¢:luarantee will be proportionately reduced as the improvements described in Attachment are completed. With respect to the Winchester Property, prior to transferring or assigning all or a portion of that Property without obtaininq the prior written consent of the CITY, Winchester shall enter into an aqreement with the CITY to convey the Interchanqe Improvement Area to the CITY.~. Development Agreement 1653600.RED - 24531-9 13 7/2/01 3. Development Provisions. 3.1 Vestinq. 3.1.1 Project. CITY covenants that OWNER has, and OWNER shall have, the right to implement the Development pursuant to the Development Plan Approvals and the Existing Regulations, including, without limitation, specific uses, -- ' A_.~ I,, ,~,~,,~,,,~ o,~,~o,~ ,,,,,,a~ of .......... ,~v~',opm~nt the intensities identified in Attachment 8, building heights, building sizes, lot sizes, infrastructure standards and specifications, densities and types of development provided for in the Specific Plan, and the CITY shall have the right to control the Development in accordance with the Existing Regulations and the Development Plan Approval(s) ("vested right"). By way of enumeration, and not limitation, the vested rights afforded by this Agreement include those identified in Attachment 8 hereof. Except as otherwise expressly specified in this Agreement, the Development Plan Approval(s) shall control the design and development, and review and approval of all Future Development Approvals and all Off-Site Improvements and appurtenances in connection therewith. Except to the extent it has been amended, canceled, modified or suspended in accordance with the terms of this Agreement, this Agreement shall be enforceable by OWNER or its assignees notwithstanding any change in any Existing Regulation. 3.1.2 Limits on Development. The California Supreme Court held in Pardee Construction Company v. City of Camarillo, 37 Cal.3d 465 (1984), that the failure of the parties to address certain limits on a CITY's ability to condition, restrict or regulate a development allowed a later adopted initiative to restrict the development. This Agreement cures that deficiency by expressly addressing the timing for the Development, the vested rights afforded by this Agreement and the scope of the CITY's Reserved Authority. Except as expressly set forth in the Development Plan Approval(s), regardless of any future enactment, by initiative, or otherwise, OWNER shall have the discretion to develop the Development in such order, and at such rate, in one phase or in multiple phases, at such times as OWNER deems appropriate within the exercise of its subjective business judgment. Specifically, the CITY agrees that OWNER shall be entitled to apply for and receive the Future Development Approvals and to develop and use the Property at any time [during the term of this Agreement], provided that such application is made and such development occurs in accordance with this Agreement, the other Development Plan Approval(s) and the Existing Regulations. The CITY covenants that no Existing Regulation purports to limit the scope, rate or timing of Development or alter the sequencing of Development in a manner inconsistent with the Development Plan Approval(s). No future amendment of any CITY law, or future adoption of any CITY law or other action, that purports to limit the scope, rate or timing of Development on the Property or alter the sequencing of the Development, in a manner inconsistent with the Development Plan Approval(s), whether adopted or imposed by the City Council or through Lennar/Harveston Development Agreemen! 1653600.RED - 24531-9 14 7/2/01 the initiative or referendum process, shall apply to the Property. In particular, but without limiting any of the foregoing, no numerical restriction shall be placed by CITY on the number of dwellings units or amount of commercial development that may be built in any particular year on any portion of the Property [other than as expressly permitted by this Agreement]. 3.1.3 Entitlements, Permits and Approvals - Cooperation. 3.1.3.1 Processing. CITY agrees that it shall accept and expeditiously process[, pursuant to CITY's CITY'~s regular procedures,[ OWNER's applications for amendments to this Agreement, amendments to the Development Plan Approval(s) and the Future Development Approvals. 3.1.3.2 Further Mitigation. In connection with the issuance of any Future Development Approvals which are subject to review under CEQA, unless required under [the California] Public Resource Code [and the Guidelines promulgated thereunder[, the CITY shall not impose any environmental land use project alternatives or mitigation measures on OWNER or the Property beyond those referenced in the Development Plan Approval(s). 3.1.3.3 Other Permits. The CITY further agrees to reasonably cooperate with OWNER, at no cost to the CITY, in securing any County, State and Federal permits or authorizations which may be required in connection with Development of the Property. Except as expressly provided for in this Agreement, this cooperation shall not [require] any economic contribution [or similar consideration], by the CITY. 3.1.3.4 Litigation. TheCITYagreesto[reasonably[cooperatewith OWN ER in all reasonable manners in order to keep this Agreement in full force and effect. If any legal action is instituted by a third party or other governmental entity or official challenging the Development Plan Approval(s) or Future Development Approvals, the parties hereby agree to cooperate in jointly defending such action. Notwithstanding the foregoing OWNER shall be responsible for all costs, including, including, but not limited to, attorneys fees, costs, expert witnesses and the like. OWNER shall reimburse CITY its costs within thirty (30) calendar days of receipt of any invoice by OWNER. 3.1.3.5 Acquisition of Off-Site Property. The CITY shall not postpone or refuse approval of a Future Development Approval because the OWNER or Development Transferee has failed to acquire off-site property required for the construction or installation of Off-Site Improvements. To the extent the CITY, OWNER or a Development [Transferee] does not have sufficient title or interest to permit the Public Infrastructure Improvements to be made at the time the Future Development Approval is filed with the CITY, the applicable OWNER or Development Transferee shall make a good Lennar/Harveston Development Agreement 1653600.RED - 24531-9 15 712/01 faith effort to acquire the required property. If the OWNER or Development .rl'ransferee] is unable to acquire the required property, the CITY shall consider in good faith the acquisition of the required property. ~""-'--' to ,,.A ,A,, ....... if If the CITY is unable to acquire the required property by negotiation or condemnation within the time frame provided for in Government Code Section 66462.5, the CITY shall continue to issue Future Development Approvals for the Project despite the fact that the improvement has not been completed. Notwithstanding the above, the CITY's obligation to continue to issue Future Development Approvals as provided for in this Section is contingent upon: (i) the applicable OWNER or Development .[Transferee~ submitting the improvement plans required for the improvement to the CITY; and (ii) consistent with Government Code Section 66462.5, the OWNER or Development Transferee enters ~ into an agreement with the CITY that requires the OWNER or Development Transferee to reimburse the C', ,'D,' City for thee costs incurred b~the-C-WT-~ in acquiring the .................................. ',and and to construct the improvement at such time as the CITY acquires the required land, or, in the alternative, to construct such other improvements that the CITY and OWNER or Development Transferee ,,oo ' ...................... : ...................................' ' .......... will mitiqate for the impacts of the continuinq Development of the Property without the improvement that could not be constructed. 3.2 Reserved Authority. 3.2.1 Uniform Codes. This Agreement shall not prevent the CITY from applying new uniform construction standards adopted by the State of California as State Codes, such as the Uniform Building Code, National Electrical Code, Uniform Mechanical Code or Uniform Fire Code, to the Development, provided those same standards are applied to all other development within the CITY. 3,2.2 State and Federal Laws and Regulations. Subject to compliance with the requirements of this Section 3.2.2, the Property may be subject to subsequently enacted state or federal laws or regulations which preempt local regulations, or mandate the adoption of local regulations, and are in conflict with the Development Plan Approval(s). Upon discovery of a subsequently enacted federal or state law meeting the requirements of this Section, CITY or OWNER shall provide the other parties with written notice of the state or federal law or regulation, provide a copy of the law or regulation, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with such federal or state law or regulation. In such negotiations, CITY and OWNER agree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to Lennar/Harveston Development Agreement 1653600.RED - 24531-9 16 712/01 cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in la prompt~ manner OWNER's proposed changes to the Project as may be necessary to comply with such Federal or State law; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.2.3 Regulation for Health and Safety. Nothing in this Agreement shall be construed to be in derogation of CITY's police power to protect the public health and safety from a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate and interim action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services involving the Property or the immediate community ("Exigent Event"). Upon discovery of an Exigent Event, CITY may suspend this Agreement for a period [reasonably necessary to analyze, evaluate and develop a response to the Exigent Event fo~c,w~n§ ~:~;-~;-y ~f wr[~on nc, t~co c,f ~::spens~on to {3VVNER~. Immediately thereafter, the suspension shall end and CITY shall provide the OWNER with written notice of the existence of the Exigent Event, a detailed explanation of the CITY's proposed action, and a written statement of conflicts with the provisions of this Agreement. Promptly thereafter CITY and OWNER shall meet and confer in good faith in a reasonable attempt to determine whether a modification or suspension of this Agreement, in whole or in part, is necessary to comply with the Exigent Event. In such negotiations, CITY and OWNER agree to preserve the terms of this Agreement and the rights of OWNER as derived from this Agreement to the maximum feasible extent while resolving the conflict. CITY agrees to cooperate with OWNER in resolving the conflict in a manner which minimizes any financial impact of the conflict upon OWNER without materially increasing the financial obligations of CITY under this Agreement. CITY also agrees to process in an expedited manner OWNER's proposed changes to the Project as may be necessary to comply with the Exigent Event; provided, however, that the approval of such changes by CITY shall be subject to the discretion of CITY, consistent with this Agreement. 3.3 Further Assurances to OWNER Regarding Exercise of Reserved Authority. 3.3.1 Assurances to OWNER. The parties further acknowledge that the public benefits to be provided by OWNER to the CITY pursuant to this Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Development Plan Approval(s) and the Existing Regulations. Accordingly, while recognizing that the Development of the Property may be affected by the exercise of the authority and rights reserved and excepted as provided in Sections 3.1 and 3.2 ("Reserved Authority"), OWNER is concerned that normally the judiciary extends to local agencies significant deference in the adoption of rules, regulations and policies Lennar/Harveston Development Agreement 1653600.RED - 24531-9 1 7 7/2/01 which might otherwise permit the CITY, in violation of the Reserved Authority, to attempt to apply rules, regulations and policies that are inconsistent with the Development Plan Approval(s). Accordingly, OWNER desires assurances that the CITY shall not, and the CITY agrees that it shall not, further restrict or limit the development of the Property in violation of this Agreement except in strict accordance with the Reserved Authority,--wt~ exctme[, which exercisinq of the Reserved Authority shall not be considered to be a violation of this Agreement]. CITY aqrees that CITY will issue ,qradin,q, buildinq and occupancy permits if the Development contemplated in the requested permit substantially conforms to the Developing Plan Approval(s), including all relevant conditions of approval, and the Existing Regulations. 3.3.2 Judicial Review. Based on the foregoing, if OWNER judicially (including by way of a reference proceeding) challenges the application of a future rule, regulation or policy as being in violation of this Agreement and as not being applied in accordance with the Reserved Authority, OWNER shall bear the burden of alleging that such rule, regulation or policy is inconsistent with the Existing Regulations and the Development Plan Approval(s) and the CITY shall thereafter bear the burden of proof in establishing by a preponderance of the evidence that such regulation was adopted pursuant to and in accordance with the Reserved Authority and was not applied by the CITY in violation of this Agreement. 3.4 Consistent and Inconsistent Enactments. 3.4.1 No Conflicting Enactments. The CiTY shall not enact a rule, regulation, ordinance, policy, permit or other measure (collectively"L~w")~, nor take any action applicable to the Project or the Property, which governs the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development, or any part thereof and which is inconsistent or in conflict with the Development Plan Approval(s). By way of enumeration, and not limitation, any law, action or inaction, whether by specific reference to the Project, this Agreement or otherwise, shall be considered to conflict if it: 3.4.1.1 Restricts the vested rights described in the Agreement or in any way limits or reduces the rate, timing, scope, intensity, use, density, manner, or sequencing of the Development or otherwise requires any reduction or increase in the number, size, height or square footage of lot(s), structures, buildings or other improvements, modifies the standards and specifications applicable to the infrastructure required for the Development or requires additional dedications, exactions, fees or mitigation other than that provided for in the Agreement; 3.4.1.2 Is consistentwith Section 3.4.1.1 hereof, but is not uniformly applied by the CITY to all substantially similar development within the CITY; or Development Agreement 1653600.RED - 24531-9 18 712/01 3.4.'1.3 Imposes a new permit requirement or procedure not already part of the Existing Regulations. 3.4.2 Consistent Enactments. By way of enumeration and not limitation, the following types of enactments shall be considered consistent with this Agreement and Existing Regulations and not in conflict: 3.4.2.1 Transfers of units or permitted uses within the Property as provided for in Section 11.2 of the Specific Plan; 3.4.2.2 Changes in the phasing of the Development pursuant to an application from OWNER and as first approved by the CITY; and 3.4.2.3 Any enactment authorized by this Agreement. 3.4.3 Consistency Between This Agreement, the Development Plan Approval(s) and Existing Regulations. To the extent a conflict exists or develops between the Existing Regulations and the Development Plan Approval(s), the Development Plan Approval(s) shall be controlling. To the extent a conflict exists or develops between this Agreement and any other Development Plan Approval(s) ~xc',;;d',,-~g a',', ........... '~ o~the-Eh~, this Agreement shall be controlling. 3.5 Amendment of Development Aqreement 3.5.'1 Initiation of Amendment. Either CITY or OWNER may propose an amendment to this Agreement. Lennar acknowledges that it shall not initiate an amendment of this Agreement with respect to the Development of the Winchester Property. Winchester acknowledges that it shall not initiate an amendment of this Agreement with respect to the Development of the Lennar Property. No Development Transferee assigned the rights and obligations of an OWNER pursuant to Section 2.5.3 shall have the right to initiate an amendment with respect to any property other than the portion of the Property owned by that Development Transferee. Both CITY and OWNER agree that it may be beneficial to enter into an amendment of th is Agreement in connection with the implementation of the separate components of the Project. Neither an End User, a Merchant Builder nor a Development Transferee shall have the right to initiate an amendment of this Agreement without the written consent of the OWNER. An operating memorandum, as defined below, is not an amendment of this Agreement. 3.5.2 Changes Requiring an Amendment. Unless otherwise required by law, neither an amendment to the Development Plan Approval(s) or the approval of a Future Development Approval shall require an amendment of this Agreement unless the amendment: Lennar/Harveston Development Agreement 1653600.RED - 24531-9 19 712/01 3.5.2.1 Materially alters the permitted uses of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; 3.5.2.2 Increases the density or intensity of use of the Property as a whole in a manner inconsistent with the procedures established in the Specific Plan; or 3.5.2.3 Increases the maximum height and size of permitted buildings. Notwithstanding anything to the contrary herein, an amendment of this Agreement is not required if OWNER pursues entitlements, permits or approvals pursuant to a waiver of vested rights as provided for in Section 4.1. 3.5.3 Procedure. Except as set forth in Section 3.5.5 below, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance. 3.5.4 Consent. Any amend ment to this Agreement shall require the written consent of both the CITY and the OWNER whose portion of the Property would be materially affected by the amendment. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing; I',] signed by duly authorized representatives of the CITY and the applicable OWNER[, and adopted pursuant to legal requirements imposed on CITY1.. An amendment of this Agreement does not require the consent of an End User, Merchant Builder or Development Transferee u~ ,.,, ;,,,,,~, ,,oo ~,, ,,..,.,,, ,~,;,;,., ,.,,.,,,~ ................... ~ ........... To the extent the consent of the OWNER that did not initiate the amendment is necessary, that OWNER shall not unreasonably withhold its consent. Notwithstanding the above, that OWNER shall consent to the amendment on or th before the thirtieth (30) day after receipt of notice of the initiation of the amendment if, as determined in that OWNER's reasonable business judgment, that proposed amendment will not have a material adverse impact on the Development of that OWNER's portion of the Property. 3.5.5 Operating Memoranda. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development Plan and with respect to those items covered in general terms under this Agreement. If and when the parties mutually find that '~ changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the Development Plan Approval(s), they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the CITY and by any corporate officer or other person designated for such purpose in a writing signed by a corporate Development Agreement 1653600.RED - 24531-9 20 7/2/01 officer on behalf of OWNER, which, after execution, shall be attached hereto as addenda and become a part hereof. Unless otherwise required by law or by the Development Plan Approval(s), no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. Nothing herein shall authorize the delegation of authority to the City Manager, or designee, contrary to California or Federal Law. 3.6 Future Amendments to Development Plan Approval(s). The following rules apply to future amendments to the Development Plan Approval(s), except that Section 3.5 shall control with respect to ~ r,~r~s~bst~r~t=,v~ an amendment of this Agreement and Section 3.7 shall control with respect to Future Development Approvals: 3.6.1 OWNER's Written Consent. It is contemplated by the parties that mutually agreed upon amendments to the Development Plan Approval(s) may be necessary. Any amendments to the Development Plan Approval(s) to which OWNER does not agree in writing shall not apply to the Property or the Project while this Agreement is in effect. 3.6.2 Concurrent Development Agreement Amendment. Any other Development Plan amendment requiring amendment of this Agreement, as provided for in Section 3.5 hereof, shall be processed concurrently with an amendment to this Agreement [in the manner required by law]~. 3.6.3 Effect of Amendment. Except as expressly set forth within this Agreement, an amendment of the other Development Plan Approval(s) will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent an amendment to the Development Plan Approval(s) is approved in accordance with Section 3.6.1, the amendment shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Agreement Date. 3.7 Future Development Approvals. 3.7.1 Exercise of CITY Discretion. In connection with Future Development Approval or any other actions which the CITY is expressly permitted to make under this Agreement relating to the Project, the CITY shall exercise its discretion or take action in a manner which complies and is consistent with the Development Plan Approval(s) and the Existing Regulations. 3.7.2 [Concurrent Development Agreement Amendment. Any Future Development Approval requiring amendment of this Agreement, as provided for in Section 3.5 hereof, shall be processed concurrently with an amendment to this Agreement. Lennar/Harveston Development Agreement 1653600.RED - 24531-9 2 1 7/2/01 3.7.3 [Effect of Future Development Approvals. Except as expressly set forth within this Section 3.7, a Future Development Approval will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Agreement. To the extent a Future Development Approval is approved in accordance with Sections 3.7.1 and 3.7.2, the Future Development Approval shall constitute for all purposes a Development Plan Approval and shall be treated as if it were in existence on the Agreement Date. 4. Obliqations of the Parties. 4.1 Benefits to CITY. The direct and indirect benefits the CITY (including, without limitation the existing and future residents of the CITY) will receive from the approval of the Development Plan Approval(s) generally include, but are not limited to, the items identified below. Nothing in the Development Plan Approval(s) or otherwise obligate OWNERS to construct the Development or any part thereof. OWNER further reserves the right to waive, in whole or in part, the vested rights afforded by the Development Plan Approval(s), and pursue entitlements, permits or approvals other than those provided for in the Development Plan Approval(s). 4.1.1 Growth Management. The Project conforms to the CITY's effort to manage growth through the use of, among other things, comprehensive planning and design, project-wide continuity of landscaping and architectural design, design standards and layout concepts exceeding the CITY's standards for residential development, and the village-center concept. HCITY agrees to making findings in the Resolutions regarding compliance with GMPAP in order to justify the approved density.ii 4.1.2 [Schools. The provision of a site for a new elementary school and the construction of such school on an "up front" basis to assist the local school district in meeting current area needs as well as creating adequate capacity for future needs. 4.1.3 [Parks and Recreation. The public parks and other recreational facilities to be dedicated and/or constructed as provided for in this Section 4 satisfy the CITY's requirements for open space and parks, and contribute to meeting the need for open space and parks in the area, including, without limitation, the 16.5 acre Community Park, and Winchester Creek Park. 4.1.4 [Other Project Benefits. In addition to the above benefits, the Project will provide those benefits identified in Attachment 2 hereof. 4.2 Development Fees. Lennar/Harveston Development Agreement 1653600.RED - 24531-9 22 7/2/01 4.2.1 Fee Rates. The CITY hereby agrees that neither the Property OWNER or_~ Merchant Builder, [nor except as provided hereunder1 the Development shall be subject to any new or revised fees or charges, including, without limitation, Development Impact Fees, that the CITY may enact, adopt, or impose on or after the Agreement Date; provided that OWNER may elect to have the Development governed by fee rates made available to other owners and developers within the CITY after the AQreement Date. 4.2.2 Processing and Application Fees. OWNER shall paythe application and processing fees customarily imposed on the type of entitlement sought at the rate, and in the amount, imposed by CITY pursuant to the fee schedule, resolution or ordinance applicable to all projects in the CITY and in effect at the time the application is deemed complete and accepted by CITY for action. 4.2.3 Fees for the Lennar Property. Except as expressly modified in this Agreement, the presently adopted Development Impact Fees as charged by the CITY on the Agreement Date shall be imposed upon Lennar Development at the rate in effect as of the Agreement Date. The Development Impact Fees imposed on the Lennar Development are not subject to upward adjustment. DIF payments shall be made at the time of the issuance of building permits. 4.2.3.1 TUMF Fees forthe Lennar Property. The CITYand Lennar acknowledge that a Traffic Uniform Mitigation Fee (the "TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Lennar agree that the Lennar Property's obligations under TUMF shall be deemed satisfied through: (i) Lennar's or the Lennar Property's participation in and payment of special taxes under Community Facilities District 98-1 or subsequent district formed pursuant to Section 4.4; (ii) any future special taxes paid by Lennar or the Lennar Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all (3ff-Si~ off-site Public Infrastructure Improvements and other infrastructure improvements to be ~,;d, .... =-'- ~ constructed ~r~d o~ financed by Lennar under this Agreement ~ by CITY; and (iv) Lennar's ~ agreement to dedicate to the CITY and/or a district such rights of way as may be required for Public [Infrastructure] Improvements and other infrastructure improvements. 4.2.3.2 Fire Protection Facilities Fee for the Lennar Property. Upon the issuance of a building permit for a dwelling unit or commercial structure within the Lennar Development, the Lennar Development shall pay the Fire Protection Facilities Component of the DIF at the rate specified for that building permit in the DIF Ordinance in effect on the ~ Aqreement Date. Lennar agrees to pay [to the CITY'I. an additional Fire Protection Facility fee of One Hundred Fifty Thousand Dollars ($150,000) prior to the Lennar/Harveston Development Agreement 1653600.RED - 24531-9 23 7/2/01 issuance of the first (1st) residential building permit for a dwelling unit other than a model hom__e. CITY agrees to dedicate this additional fee to Fire Protection Facilities [and equipment] that service the Lennar Development. 4.2.3.3 Credit for Other Development Impact Fees for the Lennar Property. CITY shal',, as Dui',dlng Perm:,ts are obtained by Lennar credit Lennar for the following DIF components and consider the Lennar Development's obligation with respect to those DIF components to be paid in full. 4.2.3.3.1 Park and Recreation Fee Component. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct park and recreation improvements ~t ~ ..... L ....... ,, .... , ............. :__ _, . ,.,~o, ,, ,o, ,, ,~,o ,.,~w,.,~,,,,~, ,, ,~,,,~o,,.,,, .,, that sabsfy the Lennar Development's obligation with respect to Park and Recreation Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Park and Recreation Fee Component of the DIF shall be credited to Lennar upon CITY's ClTY'~s acceptance of the park and recreation improvements Lennar is required to design, construct and deliver to CITY. Notwithstanding the foregoing_~ Lennar is shall not b~e required to pay this component of the DIF, or a portion thereof, unless and until the CITY determines tha~t Lennar.' (i) is in default as to its obligation to design, construct and deliver t-he__a required park and recreation improvements pursuant to this Agreement; and (ii) has not desiqned, constructed or financed other improvements for which Lennar would be entitled to credit in an amount at least equal to the amount of the component of the DIF at issue. 4.2.3.3.2 Street Improvement Fee Component. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, street improvements at a cost in excess of the Lennar Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Street Improvement Component of the DIF shall be credited to Lennar upon C',TY's CITY'~s acceptance of the ' ' Public Infrastructure Improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing Lennar shall not be required to pay this component, or a portion thereof, of the DIF unless and until the CITY determines that Lennar: (i) is in default as to the obligation to complete ' ' the Public Infrastructure Improvements pursuant to this Agreement; and (ii) has not desiqned, constructed or financed other street improvements for which Lennar would be entitled to credit in an amount at least equal to the amount of the component of the DIF at issue. 4.2.3.3.3 Traffic Signal Fee Components. CITY acknowledges that Lennar has constructed or financed, and that Lennar will construct or finance, traffic signal related improvements in an amount in excess of the Lennar Lennar/Harveston Development Agreement 1653600,RED - 24531-9 24 7/2/01 Development's obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred percent (100%) of the Lennar Development's obligation with respect to the Traffic Signal Component of the DIF shall be credited to Lennar upon CITY's acceptance of theo,~,~j~,.~-'"-:--' ,,,,~,,~,w,,,~,,Lo: ............ Public Infrastructure Improvements. Notwithstanding the foregoing Lennar is shal~l not b~___e required to pay this component of the DIF, or a portion thereof, unless and until the CITY determines Lennar: (i) is in default as to it~ th._ge obligation to construct or fin~,,-~c~ t,h~ ~ubj~ct :~,,provements co_..q.~_plete the Public Infrastructure Improvements pursuant to this Agreement; and (ii) has not desiqned, constructed or financed other improvements for which Lennar would be entitled to credit in an amount at least equal to the amount of the component of the DIF at issue. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. SUBJECT TO INPUT FROM WINCHESTER - 4.2.4 Fees for the Winchester Property. Winchester shall, upon delivery to C:T¥ City of the Grant Deed attached as Attachment 9____ and as referenced in Section 4.3.3. 2, shall receive the following credits for] the Development Impact Fees [described below, in the amounts specified. The r~qhts and credits provided for in this Section 4.2.4 shall survive the expiration of the Term of this Lennar/Harveston Development Agreement 1653600RED - 24531-9 25 7/2/01 Component Type of Land Use Fees-Credit Proposed Maximum Fees Street System Office I00__.~% 1.05~4 Improvements Retail Commercial 100% 6.03~ Service Commercial 100% 3.01~7 Business Park/Industrial 100% 1.42~9 Traffic Siqnals and Office 100% 0.29~8 Traffic Control Retail Commercial 100% 0.91~9 Systems Service Commercial 100% 0.458 Business Parkllndustrial 100% 0.219 Winchester shall be obl~qated, at the time of obtainin.q buildin.q permits for any Development on the Winchester Property, to pay the Development Impact Fee then in effect but not in an amount in excess of the Proposed Maximum Fees identified below: ~onent Corporate Facilities ~_y_pe of Land Use Proposed Maximum Fee___~s Office 0.102 Retail Commercial 0.252 Service Commercial O. 140 Business Parkllndustrial 0.085 Fire Protection Office 0.267 Facilities Retail Commercial 0.048 Service Commercial 0.038 Business Parkllndustrial 0.033 Offic~e Retail Commercial Service Commercial Business Parkllndustrial Offic~e Retail Commercial Service Commercial Business Parkllndustrial[ Park and Recreation Improvements Libraries Lennar/Harveston Development Agreement 1653600.RED - 24531-9 26 712/01 4.2.4.1 TUMF Fees for the Winchester Property. The CITY and Winchester acknowledge that a Traffic Uniform Mitigation Fee (the 'TUMF") program is currently being considered and that no such TUMF has been adopted by the County of Riverside or by the CITY. To the extent a TUMF is adopted, the CITY and Winchester agree that the Winchester Property's obligations under TUMF shaft be deemed satisfied through: (i) Winchester's or the Winchester Property's participation in and payment of special taxes under Community Facilities District 98-I or subsequent district formed pursuant to Section 4.4; (ii) any future special taxes paid by Winchester or the Winchester Property imposed under Community Facilities District 98-1 or subsequent districts formed pursuant to Section 4.4; (iii) all '~= ";'- off-site Public Infrastructure Improvements and other infrastructure improvements to be constructed or financed by Winchester under this Agreement ........ L ,. .... d (iv) .q · ,,,,, ..,,,,.,, ,,,~ ,,,.,.~,,=~, ~,y ,.,, ,, an Winchester's dedicetion a. reement to dedicate to the CITY andlor a district such rights of way as may be required for Public [Infrastructure] Improvements and other infrastructure improvements. 4.2.4.2 Development Impact Fees for the Winchester Property. Except for those Development Impact Fees credits described het~d, cto~ Section 4.2.3.3, upon the issuance of a building permit for a dwelling unit or commercial structure within the Winchester Development, the Winchester Development shall pay the applicable DIF. 4.2.4.3 Credit for Other Development Impact Fees for the Winchester Property. CITY shall, consistent with the Agreement, credit Winchester for the following DIF component~..~ 4.2.4.3.1 Street Improvement Fee Component. CITY acknowledges that street improvements have been or will be constructed or financed at a cost in excess of the Winchester Development's obligation with respect to the Street Improvements Component of the DIF. CITY agrees that one hundred percent (100%) of the Winchester Development's obligation with respect to the Street Improvement Component of the DIF shall be credited to Winchester upon C~T','~ CITY's acceptance of the subject improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing, Winchester is not required to pay this component of the DIF unless and until CITY determines Winchester is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. 4.2.4.3.2 Traffic Signal Fee Components. CITY acknowledges that traffic signal related improvements have been or will be constructed or financed in an amount in excess of the Winchester Development°s Lennar/Harveston Development Agreement 1653600.RED - 24531-9 27 712101 obligation with respect to the Traffic Signal Fee Component of the DIF. CITY agrees that one hundred percent (fO0%) of the Winchester Development's obligation with respect to the Traffic Signal Component of the DIF shall be credited to Winchester upon C:T;"~ CITY's acceptance of the subject improvements. The Public Infrastructure Improvements and an estimate of the amount of credits due are described on Attachment 5. Notwithstanding the foregoing, Winchester is not required to pay this component of the DIF unless and until CITY determines Winchester is in default as to its obligation to construct or finance the subject improvements pursuant to this Agreement. 4.3 Related Real Property Conveyances; Conditions to Development Agreement. 4.3.1 Intent of the Parties. The CITY and OWNER agree that the entitlements, vesting and other rights that will allow OWNER to develop the Project in accordance with the Development Plan Approval(s), along with the timely completion and performance of the real estate transactions and the related agreements described hereafter are a material component of the consideration each party has relied upon in its respective decision to enter into this Agreement. OWNER and the CITY, individually and collectively, represent that neither party would have entered into this Agreement but for these commitments. ~ Unless the performance of the obliqation is required by the Proiect EIR, termination of this Agreement terminates the obligation of the applicable party to perform with respect to those items discussed in Sections 4.3, 4.4, 4.5, 4.6 the othar Dav~lopr,,~c,t Plan Approva',(s), 4.7, 4.11 and 4.12. 4.3.2 Community Park. In consideration of the CITY's performance pursuant to the terms of this A,qreement, Lennar has agreed to dedicate, design and construct a 16.5 acre community park in the approximate location depicted in the Specific Plan ("Community Park"). The following describes Lennar's and the CITY's rights and obligations with respect to the Community Park. 4.3.2.1 Ail real property shall be conveyed as provided for in Section 4.3.6. Lennar shall demonstrate the condition of title pursuant to a CL TA title insurance policies, in amount equal to the fair market value of the land. 4.3.2.2 Prior to the issuance of [the first building permit in Phase II, as such phase is identified in the Specific Plan, Lennar agrees to construct, complete the 90-day maintenance period to the satisfaction of the Director of Community Services and] dedicate fee title to the Community Park. [Upon acceptance of the fee title by the City Council, building permits may be issued for Phase II as long as other conditions or requirements have been met.] Development Agreement 1653600,RED - 24531-9 28 7/2/01 4.3.2.3 [Lennar shall work with the C~T;' City to design the Community Park site to the reasonable satisfaction of the Director of Community Services and consistent with the requirements of Section 6.0 of the Specific Plan. In summary, the Community Park will generally be improved with two (2) full sized soccer fields, two (2) full sized softball fields, appropriate athletic field lighting, a restroom/snack bar facility consisting of separate male and female facilities, and a snack bar facility of 1800 square feet containing ~,;",':,'y natural gas, water and electrical hookups, age appropriate play structures, concrete walking paths and parking improvements for cars. The C:T',"3 CITY's present cost estimate for ]the design and construction of the [improvements forthe park site is $2,500,000.00. The park Development Impact Fee credit allocated to Lennar under this Agreement for the design and construct~nd construction of the park is $2,500,000.00. Lennar shall provide verification to the CITY of actual design and construction cost. ............. "'- -'--' ................ ' ' yA y ity · ~,~,,,~,,, ,,,, ,,,= ,,=o,~ ....... ,,,,o,,~,,.,,,.,,,, of~ n and all Commun Park design and construction cost in excess of $2,500,000.00 shall be the sole responsibility of Lennar]. The developer shall be responsible for not less than half-width street and right-of-way improvements together with access from a public street to the Community Park at the developer's cost with no credits towards the Park and Recreation Component of the DIF. 4.3.2.4 CITY and Lennar agree to cooperate on the design of the Community Park. Conceptual plans for the Community Park are incorporated into the Specific Plan. L ennar shall prepare schematic plans for the Community Park and submit the same for review and approval by the CITY. Following approval of the schematic plans, the Lennar shall prepare construction plans and submit the same for review and approval by the CITY. 4.3.2.5 [Notwithstanding anything to the contrary herein, CITY must continue to issue building and occupancy permits for dwelling units within the Lennar Development even if the total number of building permits exceeds the threshold established in Section 4.3.2.2 if[; (i) /the CITY fails to act on the plans in Ia reasonable/time frame; or (ii) an event described in Sections 9.3 or 9.4 occurs, including, without limitation, the failure to determine the final and permanent alignment of Ynez Road, and Lennar [and CITY determine in their] reasonable discretion that the event will cause, or has caused, Lennar to not be able to substantially complete the Community Park improvements (including the 90 day maintenance period) within the time frame provided for in Section 4.3.2.2. 4.3.3 Conveyance of Right of Way for Interchange Improvements. Curley to revise I[ Lennar/Harveston Development Agreement 1653600.RED - 24531-9 29 7/2/01 Lennar/Harveston Development Agreement 1653600.RED - 24531-9 30 7/2/01 O;",;%'CR ~.~, CITY ~gr~ Lennar/Harveston Developmenl Agreement 1653600,R£D - 24531-9 3 1 7/2/01 '~ ............. G ch&nge. 4.3.4 Development Affected by the Interchange [Improvementsl. liB. Curley to revise II 4.3.5 Quimby Credits. The CITY's Subdivision Ordinance parkland dedication requirements ("Quimby Act"), would require the Lennar Development to dedicate 26.75 acres, or pay an equivalent in lieu fee. Because the Winchester Development includes only commercial uses, the Winchester Development does not have Quimby Act obligation Lennar/Harveston Developrnent Agreement 1653600.RED - 24531-9 32 7/2/01 acre-obl~a-t~ As demonstrated in Attachment 9, the proposed park facilities within the Project satisfy the Proiect's obliqations under the Quimby Act and that__. CITY shall not exact any additional Quimby Act dedications or contributions from the Development. 4.3.6 Liens, Encumbrances and Environmental Conditions. All real property dedicated to the CITY pursuant to this Agreement shall be free and clear of any and all matters of record that [the CITY objects to in its sole discretion, including but not limited to matters which[ require the direct payment of money (excluding all non-delinquent taxes and assessments), including but not limited to, deeds of trust and mechanic liens. The real property shall also be dedicated free of other encumbrances of record that would prevent the CITY from using such dedicated facility for its intended use as identified herein [or as reasonably inferred as relating to the intended use. Further the real property shall be warranted, to the best of OWN.ER's actual knowledge, to be free of any known environmental conditions that would prevent the real property from being used as intended by the CITY. OWNER shall provideI the CITY copies of all reports, investigations and analysis that discuss the environmental condition of the real property. 4.4 Public Financinq. In consideration for eWNERusrOWNER'sl commitments under this Agreement [to provide c~a',,'~ Cfi $,t~ In~pr~',-a~,,~,ts the improvements described in Attachment '12] the CITY agrees to use best efforts to cause to be completed the Public Financing in accordance with the general terms' and conditions contained in the Public Facilities Finance Plan such that [at1 the closing!and issuance of bonds pursuant thereto there will be deposited in act improvement [accounts and1 made available to OWNER for reimbursement of costs incurred in the acqhisition, construction and delivery of pubhc facd~bes referenced ~n the Pubhc Facd~bes Fmancinq P an [to the C TY, a tota deposit of the ",'-und[a§ A,~;::~,t" {~.~ d~fi~,~d fundinq identified1 in the Public Facilities Finance Plan). Notwithstanding anything to the contrary herein this Agreement; b~ c~d,~t~s pr~c~,~s as a condition precedent to, the issuance of the applicable its c_,f any ............. ~,c~::d~n§ ....... "--: - t,., b::~d[~,.~ p~r~,,[t~ f~,, perm tyt,,~ .., ,.o....~, ,-., ,,.., ,,.....~., Bevetopmenfo~ described in Attachment 12, OWNER shall commence and complete thee improvements ~ described in Attachment 12 within the time frame set forth in that Attachment]. 4.5 Development A.qreement Fee. IA routine term negotiated by CITY as consideration for] entering into a development agreement, [is] a commecciat development agreement fee. The CITY agrees that the OWNER and the Project will not have to pay a development agreement fee of any Lennar/Harveston Development Agreement 1653600.RED - 24531-9 33 ,,:-, '~,, ,= ............ o,, ,,,,,, ,,o o~, '-,~,,-"~,,, herein because Lennar and Winbhester have eache a reed to ut u the securit re uired b Section 2.5.4. 4.6 Public Art, Open Space and Habitat Preservation. In consideration of CITY's performance pursuant to the terms of this Agreement, Lennar agrees to pay a fee of Two Hundred Dollars ($200) per dwelling unit which the CITY agrees to use for public art, open space and habitat preservation programs. The ~ee will be paid upon the issuance of a building permit for a dwelling unit. The CITY agree~ to use all proceeds of the [fee it designates as being the] public art component of the fee paid pursuant to this Section on projects located within the Lennar Property. The CITY ,shall consult with[, but shall not be bound by the response of,] the Lennar or its designee on the use of the fees collected for public art. CITY agrees that a public art, open space and habitat preservation fee will not be imposed against the commercial components of the Project. 4.7 Smart Shuttle Proqram. In consideration of CITY's performance pursuant to the terms of this Aqreement, Lennar agrees to participate with the Riverside Transportation Authority (RTA) to further h~ra-t--A.~er~ the RTA's Smart Shuttle Program by the [lease; for use within the ~S~"Smart Shuttle'-z" program;], of three (3) shuttles for a period of not more than two (2) years ("Shuttle Lease") within sixty (60) days of the later of the date: (i) the "Smart Shuttle" program is operational and the CITY notifies Lennar in writing of the same; and (ii) one hundred and twenty (120) days after the Effective Date. If within sixty (60) days of the Effective Date, RTA submits written evidence to Lennar that the use of alternative fuels is feasible, Lennar agrees to use its best efforts to lease shuttles that rely on alternative fuels such as compressed natural gas. Lennar's obligation under this Section 4.7 shall terminate unless the "Smart Shuttle" program is operational within two (2) years of the [first certificate ~f occupancy issued within the Property],. Lennar shall also have the right to terminate the Shuttle Lease, and all of Lennar's obligations under this Section 4.7, if RTA ceases to operate the "Smart Shuttle" program for a period of thirty (30) days or more. The shuttles are to be used by the RTA in the RTA's "Smart Shuttle" Program. Upon entry into the Shuttle Lease, Lennar will assign to RTA all of Lennar's rights, title, interest and obligations under the Shuttle Lease, except that Lennar shall retain the obligation to make the monthly lease payments. The CITY acknowledges and agrees that the Lennar's entire obligation with respect to the Shuttle Lease and the "Smart Shuttle" Program is limited to the monthly lease payments[, including insurance,1 under the Shuttle Lease, which Payments shall not exceed Three Hundred Thousand Dollars ($300,000) in the aggregate. Lennar/Harveston Development Agreement 1653600.RED - 24531-9 34 7/2101 4.8 Transfer of Credits. CITY acknowledges and agrees that any credits described herein that are not used by Lennar for the Development are the personal property of Lennar and may be transferred or assigned for use as credit against DIF obligations imposed as a condition of the development of the Property by others[.] 4.9 Public Use of Private Park Facilities. Lennar is proposing to install a lake_, park, lake and other privately owned park and recreation facilities within the Lennar Developmen,. , ,,~ .,, ,, ,e P,~, ,. co~,,poaeat of the for the benefit of the residents of the Lennar Development ' .......... :-- -' "- - "" .................. ' ' ..... With ,..,, ,o..,.,,., ......... ,,.~ ,~,.,~ ..,. ...... ,~, ,,,y ~,,~, ,. o,,~. In ~xchar,§e. respect to the lake park, as depicted in Fiqure 6.4 of the Specific Plan, Lennar agrees to pm~de allow public access to-th~ for public recreational uses. Notwithstanding anything to the contrary herein or otherwise, the (3w~ef OWNER may adopt reasonable rules and regulations regarding the publlc,oublic's use of the lake park. T~ublic shall not have the right to use the lake or any of the other privately owned park and recreation facilities. 4.1.~0 [4.18 Advancinq of Infrastructure Improvements. 4.10.1 [Aqreement to Advance. [OWNER_, in] consideration for CITY's performance pursuant to the terms of this Agreement, including, without limitation, the public financing required by Section 4.4, OWNER has agreed to fund more than its fair share, and construct in advance of when required by the Project EIR, certain infrastructure improvements more particularly described in~,,,a,., ............ ,,,,~,,,o ~, 5, ~;~d 12. Attachment 12. ]CITY considers these additional improvements to be the primary consideration, together with the Interchange Improvements supporting its decision to enter into this Agreement and, but for these Improvements, would not have entered into this Development Agreement.] 4.10.2OW,%','-R's[OWNER's Improvement Obliqations; CITY initiated improvement reallocation. CITY ~.n~ OWN'ER ackn~wled.,3~ that th~ ~c~p~ terms of this Section, OWNER desires to authorize CITY to adjust the provision by OWNER of the infrastructure improvements described in Attachment 12 in respect to the manner, time and nature of the same that will result in the greatest benefits to the CITY and both its present and future Cesidents. ,,., ,,.., ...... ,~., t.,, th~ h,t~,..h.,,,u,~ h,,~. .......... to. Th~ CITY'o CiTY's ability to cause ............'-' ' infrastructure the reallocation of~..-', ................... ~.o.,.,.. .~,.,..~..~.~... or flnancln§ ~.,.~o.....o LennadHarveston Development Agreement 1653600.RED - 24531-9 35 712101 improvements described in Attachment 12 is subjeCt to (i} the CITY first ensuring that the deferred infrastructure .mprovements w~ll be funded by CITY and completed or cause to be completed by CITY in conformanc~ with the Project EIR; (ii) the reallocation not resultin,q in an increase in the ob qat ons, whether monetary or otherwise, of OWNER; (iii) the reallocation not resultin,q in a delay of, or a limit on, the Development of the Project; and (iv) the reallocation not requirin.q the financin.q or construction of the infrastructure improvements Idescribed in Attachment 12 at a date earlier than required by this Aqreement In no, instance shall the aggregate cost of the reallocated improvements exceed One IMillion Dollars ($1,000,000.00) unless otherwise agreed to by the Parties.] 4.11 Street Liqht Payment. OWNER agrees to pay to CITY, upon written demand by CITY, the amounts of money necessary to operate the street lights on or to be installed on the Property at a Level of Service "B", as the same is applied by the CITY on a city-wide basis. This obligation shall terminate when adjacent res~denbal users assume responsibility for such payment. ' ' f'h ' I IIf I ' t 5. Indemnification. Excepttotheex[en[o [ eacdvenegigenceorwi u misconauc of the Indemnified Part~es (as dehned below), Lennar, w~th respect to the port~on of the Lennar Property owned by Lennar, W~nchester, w~th respect to the port~on of the W~nchester Property owned by W~nchester, and the Development Transferee, w~th respect to the porbon of the Property transferred to that Development Transferee, agree that during the Term of this Agreement, to defend the CITY and lits agents, officers, contractors, attorney, and employees (the "Indemnified Parties") from and against any claims or proceeding against the Indemnified Parties to set aside, void or annul the approval of this Agreement. Lennar, W nchester and Development Transferee may be ndiv dually referred to herein as "Indemnifying Party" and collectively a~ "Indemnifying Parties". Each Indemnifying Party shall retain settlement authority with respect to any matter concerning that Indemnifying Party provided that prior to setthng any,such lawsuit or claim with respect to that Indemnifying Party, the Indemnifying Party shall provide the CITY and the other Indemnifying Part~es w~th a minimum ten (10) bus~ness days written nobce of ~ts ~ntent to settle such lawsuit or claim. If the CITY or the other Indemnifying Part~es, ~n their reasonable discretion, do not desire to settle such lawsuit or claim, it may notify the applicable Indemnifying Party of the same, in which event the applicable Indemnifying Party may still elect to settle the lawsuit or claim as to itself, but the non-settling parties may elect to continue such lawsuit, at their cost and expense, so long as: (i) with respect to the CITY, the CITY's decision is predicated upon a I~g~bmate and arbculated threat to either the exercise of its police powers or a risk of harm to those present within the CITY; or (H) w~th respect to the other Indemnifying Part~es, the decision ~s predicated upon a leg~bmate and arhculated threat to the Development of that Indemnifying Party s property. Lennar/Harveston Development Agreement 1653600.RED - 24531-9 36 7/2/01 6. Relationship of Parties. OWNER is not the agent or employee of the CITY. The CITY and OWNER hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained m th~s Agreement or m any document executed in connection with the Project shall )e construed as making the CITY and OWNER joint ventures or partners. 7. Periodic Review of Compliance with Agreement. 7.1 Periodic Review. The CITY and OWNER shall review this Agreement once every 12-month period from the Effective Date until the Agreement terminates. The CITY shall notify OWNER in writing of the date for review at least thirty (30) days prior thereto. / 7 2 Good Faith Compliance During each periodic review, OWNER shall be required to demonstrate good faith compliance w~th all material terms of th~s Agreement. The parties recognize that this Agreement and the documents incorporated herein could be deemed to contain hundreds of requirements and t~at evidence of each and every requirement would be a wasteful exercise of the parties' resources. Accordingly, OWNER shall be deemed to have satisfied its good faith comphance when ~t presents evidence of substantial compliance with the material provisions of this Agreement. Generalized evidence or statements of compliance shall be accepted in the absence of any evidence that such evidence is untrue. 7.3 Failure to Conduct Annual Review. The failure of the CITY to conduct the annual review shall not constitute, or be asserted by Or' CNER or CITY as a breach of this Agreement. 7.4 Initiation of Review by City Council. In addition to the annual review, the City Council may at any time initiate a review of this Agreement by giving written notice to OWNER. The Notice must describe in detail the specific issues which caused the CITY to question OWNER'S good faith compliance and th6 evidence the CITY believes is necessary for the review. Within thirty (30) days following receipt of such notice, OWNER shall su bmit evidence to the City CITY Council of OWN ER's good faith compliance with this Agreement and such review an'~etermination shall p~roceed in the same manner as provided for the annual review. The City Council shall nitiate its review pursuant to this Section 7.4 only if it has probable cause to believe the CITY's general health, safety or welfare s at r sk as a resu t of spec f c acts or fai ures to act by OWNER in violation of this Agreement. 7.5 Administration of Agreement. Any final decision by the CITY staff concerning the interpretation and adm~mstrabon of th~s Agreement and Development of the Property in accordance herewith may be appealed bylOWNER [first to the Planning Commission and thereafter], to the City Council, provided that any such appeal shall be Development Agreement 1653600.RED - 24531-9 37 7/2/01 filed with the City Clerk within thirty (30) days after OWNER receives written notice that the staff decision is final Jail as pursuant to routine planning appeal procedures]. The City Councd shall render, at a nobced pubhc heanng, ~ts deCision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. 7.6 Availability of Documents. If requested [and reimbursed for all costs,] by OWNER, the CITY agrees to provide to OWNER copies of any documents, reports or other ~tems rewewed, accumulated or prepared by or for the CITY in connecbon w~th any periodic compliance review by the CITY, provided OW reasonable and direct costs and fees incurred by the Cl'f shall respond to OWNER's request on or before ten (10) the CITY's receipt of such request. 8. Events of Default: Remedies and Termination 4ER reimburses the CITY for all Y in copying the same. The CITY )usiness days have elapsed from Unless amended as provided in Section 3.5, or modified or suspended pursuant to Section 05009.5 3.2.__~2 or terminated pursuant to this Section 8, th~s Ag(eement is enforceable by [any]` party hereto. / 8.1 Defaults by OWNER. If, after following the procedures established in Section 7 hereof, the CITY determines on the basis of ~ preponderance of the evidence a Develo[~ment Transferee has not complied in good faith that Lennar [or1 Winchester or with the material terms and conditions of this Agreement, the CITY shall, by written notice to Lennaro~"_~W~nchester, and the apphcable Development Transferee, specify the manner in which the allegedly defaulting party has failed to so' comply and state the steps the allegedly defaulting party must take to bring itself into compliance. If, within [thirty (30)], days after the effective date of notice from the CITY specifying the manner in which the allegedly defaulting party has failed to so comply, the allegedly defaulting party does not commence all steps reasonably necessary to bring itself into compliance and thereafter diligently pursue such steps to completion, then the allegedly defaulting party shall be deemed to be ~n default under the terms of th~s Agreement and the CITY may terminate this Agreement with respect solely to the allegedly defaulting party's property pursuant to Government Code Section 65865.1 [or may seek spec tic performance as set forth in Section 8.3],. 8.2 Defaults by CITY. If OWNER determines on the basis of a preponderance of the evidence that the CITY has not complied in good f, ~ith with the terms and conditions of this Agreement, OWNER shall, by written notice to the CITY, specify the manner in which the CITY has faded to so comply and state the steps the CITY must take to bnng itself into compliance. If, within sixty (60) days after the effecbve date of nobce from OWNER specifying the manner m which the CITY has faded to so comply, the CITY does not commence all steps reasonably necessary to bring tself into compliance as required and thereafter diligently pursue such steps to completio~ then the CITY shall be deemed LennaflHarveston Development Agreement 1653600.RED - 24531-9 38 7/2/01 to be in default under the terms of this Agreement a. lnd OWNER may terminate this Agreement and, in addition, may pursue any other re'medy available at law or equity, including specific performance as set forth in Section 8[3. 8 3 S ecific Performance Re d D h ' Project, ',t may nPot be pract,cal or poss,b~e~Yr;st~Ur~ tt(~! ~'r(~ee~t;~toUi~ ~u~aC~)cPoen°d~ttihone once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had io utilize the Property and provide for other benefits. [CITY and1 OWNER has alread~y.invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of th~s Agreement and wdl be ~nvesbng even more s~gmflcant bme and resources ~n ~mplemenbng the Project ~n reliance upon the terms of th~s Agreement, and ~t may not be possible to determine the sum of money which would ,adequately compensate OWNER for such efforts. For the above reasons, the CITY and OWNER agree that damages may not be an adequate remedy ~f the CITY [or OWNER[ fads to carry out ~ts obhgabons under th~s Agreement and that [CITY or] OWNER shall have the right to seek and obtain specific performance as a remedy for any breach of this Agreement. Notwithstanding the foregoing, if the CITY is authorized by Section 8.4.1 to wi(hhold an approval or permit upon a specified condition being satisfied by Lennar or,I Winchester or a Development Transferee in the future, and if Lennar or_~ Winchester (~ a Developm~nnt Transferee then fails to satisfy such condition, the CITY may be entitled td specific performance for the sole purpose of causing that nonperforming party, and only !hat nonperforming party, [or any othe~r party with an express obligation under the IA,qreement to so perform the condition,]to satisfy such condition as a condition of r'antin the a royal or issuin the permit. The CITY's right to specific performance shall be limited to those circumstances set forth above, and the CITY shall have no right to seek specific performance to cause OWNER or a Development Transferee to otherwise proceed with the Development of the Project In any manner, ,,,,,, ,,,~ ~,,F,~oo ~^,-~P-~,,, ~,, ,,,~ ,-,,,-,-,,,~ ,,,,~,~,,~,,,~,,,o ,=,,u ,,,~ §ra,'~t of real prepe,-ty for t,he ~,~terc,h~,'~§e l, ,-~pr~ve, ,%e,-~ts. INotwithstandinq the above, to the extent Attachment 12 requires the completion and hcceptance of an infrastructure improvement specified in Attachment 12 prior to thelissuance of a particular Future Development Approval, and OWNER requests thatl the CITY approve the Future Development Approval, the CITY may seek specific perfdrmance of the construction of that infrastructure improvement as a condition of issuanbe of that Future Development 8.4 Institution of Legal Action. Any legal aqtion hereunder shall be heard by a reference from the Riverside County Superior C~)urt pursuant to the reference procedures of the California Code of Civil Procedure Se~ctions 638, et seq. OWNER and the CITY shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and is~sue all legal and equitable relief Lennar/Harveston Development Agreement 1653600.RED - 24531-9 39 7/2101 appropriate under the circumstances of the controversy before him. If OWNER and the CITY are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to the California Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the parties. Any referee selected pursuant to this Section 8.4 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. 8.4.1 Effect of Noncompliance· Notwithstanding the foregoing, to the extent the Development Plan Approval(s) expressly provide(s) that Development of the Project or a portion thereof is directly dependent upon the performance of material obligations assumed by,~v,,,~_,," ....... or a Development Transferee and/or OWNER, which material obligations have not been performed, the CITY may, in its reasonable discretion, withhold any approvals, including, without limitation, certificates of occupancy, with respect to those directly dependent portions of the Project from OWNER and/or the Development Transferee until such obligations have been substantially performed. CITY aqrees that CITY will not withhold approvals if the OWNER or the Development Transferee~ security for the provision of Public Infrastructure Improvements. 8.4.1.1 Non Compliance by Development Transferee. From and after the assumption of obliqations under this Aqreement by a Development Transferee pursuant to Section 2.5, noncompliance by any such Development Transferee with a material term and condition of this Aqreement assumed by such Development Transferee shall entitle CITY to pursue any and all of its riqhts under this Aqreement aqainst such Development Transferee. Such noncompliance by Development Transferee shall not be deemed a default or qrounds for termination hereof with respect to, or constitute cause for CITY to initiate enforcement action aqainst or withhold any approvals from, OWNER or other persons then owninq or holdinq an interest in the property or any portion of the Property, reqardless of the ownership. 8.4.1.2 Noncompliance 8.4.1.1 ;;~,'~ C~pl[~-~c~ by Lennar. ~rrCiaf~-e Noncompliance by Lennar with respect to any material term and condition of this Agreement assumed by Lennar shall entitle CITY to pursue any and all of its rights under this Agreement against Lennar. Such noncompliance by Lennar shall no~t be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, -- ~ o,,,~ or constitute cause for CITY to initiate enforcement action against or withhold any approvals from a Development Transferee, Winchester or other persons then owning or holding interest in the Property or any portion of the Property, regardless of ownership. 8 4 1 2 ;,',,,," ' · - - -- ,.,-,,,,t,,,o,,,-~ 8·4·1.3 [Noncompliance by Winchester· Noncompliance by Winchester with respect to any material term and Lennar/Harveston Development Agreement 1653600.RED - 24531-9 40 712101 condition of this Agreement assumed by Winchester shall entitle CITY to pursue any and all of its rights under this Agreement against Winchester, ~,d but, such noncompliance by Winchester shall not be deemed a default, grounds for specific performance or grounds for termination hereof with respect to, --" or constitute cause for CITY to initiate enforcement action againsto,,,,,,~,--'~'-- ~°r withhold any approvals from a Development Transferee, Lennar or other persons then owning or holding interest in the Property or any portion of the Property, regardless of ownership. 8.5 Estoppel Certificates. A party may at any time deliver written notice to the other party requesting an estoppel certificate (the "Estoppel Certificate"). A party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting party within thirty (30) days after receipt of the request. The City Manager or any person designated by the City Manager may sign Estoppel Certificates on behalf of the CITY. Any officer or member of a private party may sign on behalf of that party. An Estoppel Certificate is intended to be relied on by assignees and mortgagees. If that one party requests an Estoppel Certificate from the other, the requesting party shall reimburse the other party for all reasonable and direct costs and fees incurred by such party with respect thereto. The Estoppel Certificate shall address issues such as whether: 8.5.1 The Agreement is in full force and effect and is a binding obligation of the parties. 8.5.2 The Agreement has been amended or modified either orally or in writing and, if so amended, identifying the amendments. 8.5.3 A default in the performance of the requesting party's obligations under the Agreement exists and, if a default does exist, the nature and amount of any default. 9. Waivers and Delays. 9.1 No Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 9.2 Third Parties. Non-performance shall not be excused because of a failure of a third person, except as provided in Sections 9.3 or 9.4. 9.3 Force Majeure. A party shall not be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond that party's control, action or inaction by the CITY, w,hlc,h actions Lennar/Harveston Development Agreement 1653600.RED - 24531-9 41 712101 or ,, ,,~.,,.,, ,o o,~ ,.,,~o,,,,~o of ,~,,y ,~,,,, of .,,o ,-,~,~,,,~,,,, other governmental bodies or public utilities other than those related to the normal and customary processing of Future Development Approvals or any modifications to the Development Plan Approval(s), judicial decisions, litigation regarding the Development Plan Approval(s) or Future Development Approvals or other similar events. To the extent applicable to the Project and Property pursuant to Section 3.4 hereof, government regulations (including, without limitation, local, state and federal environmental and natural resource regulations), voter initiative or referenda or moratoria (including, without limitation, any "development moratorium" as that term is applied in Government Code Section 66452.6) constitute force majeure events. 9.4 Extensions. The Term of this Agreement and the time for performance by a party of any of its obligations hereunder or pursuant to the other Development Plan Approval(s) shall be extended by the [actual] period of time that any of the events described in Section 9.3 exist and/or prevent performance of such obligations. Notwithstanding anything to the contrary herein, the performance by CITY of its obligations shall not be delayed or extended by the action or inaction of the CITY. 9.5 Notice of Delay. OWNER and CITY shall give [immediate] notice to the CITY of any delay which OWNER or CITY [anticipates or]~ believes to have occurred as a result of the occurrence of any of the events described in Sections 9.3 or 9.4. In no event, however, shall notice of a delay of any length be given later than thirty days after the end of the delay or [ten (10)] days before the end of the Term (unless the cause of the delay arises during that time), whichever comes first. 10. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person, sent by certified mail, postage prepaid, return receipt requested or by Federal Express or other similar nationwide overnight delivery service. Notices required to be given to the CITY shall be addressed as follows: City of Temecula 43200 Business Park Drive Post Office Box 9033 Temecula, CA 92589-9033 Attention: Planning Director Lennar/Harveston Development Agreement 1653600.RED * 24531-9 42 7/2/01 With a copy to: Richards, Watson & Gershon Thirty-Eighth Floor 333 South Hope Street Los Angeles, CA 90071-1469 Attention: Peter M. Thorson, City Attorney Notices required to be given to OWNER shall be addressed as follows: Lennar Lennar Communities ' 6529 Riverside Avenue, Suite 133 ,v,,oo,~,. v,~j,~, ,_,,-, o~,~,, Riverside, CA 92506 Attention: ......... · ................ Ray Becker With a copy to: Luce, Forward, Hamilton & Scripps LLP 600 West Broadway, Suite 2600 San Diego, CA 92101 Attention: Craig K. Beam, Esq. Winchester Winchester Hills I LLC P.O. Box 261109 San Diego, CA 92196-1109 Attention: Stephen A. Bieri With a copy to: Hecht, Solberg, Robinson & Goldberg, LLP 600 West Broadway, 8TM Floor San Diego, CA 92101 Attention: Richard A. Schulman and Paul E. Robinson Any notice given as required by Section 10 shall be deemed given only if in writing and upon delivery as provided for in this Section 10. A party may change its address for notices by giving notice in writing to the other party as required by this Section 10 and thereafter notices shall be addressed and transmitted to the new address. Lennar/Harveston Devetopment Agreement 1653600.RED - 24531-9 43 7/2/01 11. Attorneys' Fees. If legal action is brought by [any] party against [another] for breach of this Agreement, including actions derivative from the performance of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of its costs, including reasonable attorneys' fees, and shall also be entitled to recover its contribution for the costs of the referee referred to in Section 8.4 above as an item of damage and/or recoverable costs. 12. Recording. This Agreement and any amendment or cancellation hereto shall be recorded, at no cost to the CITY, in the Official Records of Riverside County by the City Clerk within the period required by Section 65868.5 of the Government Code. 13. Effect of Agreement on Title. 13.1 Effect on Title. OWNER and the CITY agree that this Agreement shall not continue as an encumbrance against any portion of the Property as to which this Agreement has terminated or released. 13.2 Encumbrances and Lenders' Rights. The mortgagee of a mortgage or beneficiary of a deed of trust encumbering the Property, or any part thereof, and their successors and assigns shall, upon written request to CITY, be entitled to receive from CITY written notification of any default by OWNER of the performance of OWNER's obligations under the Agreement which has not been cured within the time frame established in Section 8.1 hereof. 13.2.1 Notwithstanding OWNER's default, this Agreement shall not be terminated by CITY as to any mortgagee or beneficiary to whom notice is to be given and to which either or the following is true: (i) the mortgagee or beneficiary cures any default by OWNER involving the payment of money within ninety (90) days after receipt from CITY of the written notice of default; (ii). as to defaults requiring title or possession of the Property or any portion thereof to effectuate a cure: (i) the mortgagee/beneficiary agrees in writing, within ninety (90) days after receipt from CITY of the written notice of default, to perform the proportionate share of OWNER's obligations under this Agreement allocable to that part of the Property in which the mortgagee/beneficiary has an interest conditioned upon such mortgagee's/beneficiary's acquisition of the Property or portion thereof by foreclosure (including a trustee sale) or by a deed in lieu of foreclosure; (ii) the mortgagee/beneficiary commences foreclosure proceedings to reacquire title to the Property or applicable portion thereof within said ninety (90) days and thereafter diligently Lennar/Harveston Development Agreement 1653600.RED - 24531-9 44 7/2/01 pursues such foreclosure to completion, and (iii) the mortgagee/beneficiary promptly and diligently commences to cure such Default after obtaining title or possession. 13.2.2Notwithstanding Section 13.2.1 of this Agreement, if any mortgagee/beneficiary is prohibited from commencing or prosecuting foreclosure or other appropriate proceedings including by any process of injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving OWNER, the times specified in Section 13.2.1 of this Agreement for commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 13.2.3 The lien of any existinq or future deeds of trust recorded aqainst all or any part of the Property shall be superior and senior to any lien created by this Aqreement or the recordation thereof. At the request of any lender whose loan will be secured by a deed of trust on all or any part of the Property, CITY shall execute a subordination a.qreement subordinatinq their interest hereunder to the lien of such deed of trust, which subordination aqreement shall be subiect to the reasonable approval of CITY. Notwithstandinq the foregoinq, at the option of the mortqaqee/beneficiary any foreclosure of any such deed of trust shall not serve to extinquish or terminate this Aqreement. Nothinq in this Aqreement shall be deemed to construe, permit, or authorize any such mortqaqee to devote the Property, or any part thereof, for any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Aqreement. 13.2.4 Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any existing or future mortgage or deed of trust on the Property made in good faith and for value. · 13.2.5 Except as provided to the contrary in this Aqreement, no mortqaqee or beneficiary shall have an obligation or duty under this Aqreement to perform the obliqations of OWNER or other affirmative covenants of OWNER hereunder, or to guarantee such performance, and no mortqaqee or beneficiary shall be liable for any defaults or monetary obliqations of OWNER arisinq prior to acquisition of title to the Property by such mortgaqee or beneficiary or their respective successors or assiqns; except that to the extent any covenant to be performed by OWNER is expressly identified in the Development Plan Approval(s) as a condition to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder. If a mortqaqee or beneficiary elects to develop the Property in accordance with the Development Plan Approval(s), the mortqaqee or beneficiary shall be required to assume and perform the obliqations or other affirmative covenants of OWNER under this Agreement. Lennar/Harveston Development Agreement 1653600.RED - 24531-9 45 7/2/01 14. Severabilib/ of Terms. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby if the tribunal finds that the invalidity was not a material part of consideration for eJth6r P&~y th~ Agreo,~,~nt &s & w,ho',c, the OWNER or the CITY. If the tribunal finds that the invalidity was a material part of the consideration, this Agreement will terminate unless CITY and OWNER agree to amend this Agreement provided for herein each PArty ,sgrGG3 "--,,,~ ,_,F~,,,,~, 15. Subsequent Amendment to Authorizinq Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation in effect as of the Agreement Date. Accordingly, subject to Section 3.2.2 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Agreement, such amendments shall not be applicable to this Agreement unless necessary for this Agreement to be enforceable or required by law or unless this Agreement is modified pursuant to the provisions set forth in this Agreement. 16. Rules of Construction and Miscellaneous Terms. 16.1 Interpretation and Governinq Law. The language in all parts of this Agreement shall, in all cases, be construed as a whole and in accordance with its fair meaning. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. The parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Agreement shall not be deemed to constitute the impermissible surrender or abnegation of the CITY's governmental powers over the Property [or any decision arising from the Agreement, directly or indirectly~. 16.2 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 16.3 Gender. Thesingularincludestheplural;themasculinegenderincludesthe feminine; "shall" is mandatory, "may" is permissive. 16.4 No Joint and Several Liability. No breach hereof by Lennar, Winchester or Development Transferee shall constitute a breach by the non breaching party. Any remedy, obligation, or liability, including but not limited to the obligations to defend and indemnify the CITY, arising by reason of such breach shall be applicable solely to the party Development Agreement 1653600.RED - 24531-9 46 7/2/01 that committed the breach. However, the CITY shall send a copy of any notice of violation to all OWNERS and Development Transferee, including those not in breach. 16.5 Covenant of Good Faith and Fair Dealin.q. No party shall do anything which shall have the ~ effect of materially harming or injuring the right of the other parties to receive the benefits provided for in this Agreement; each party shall refrain from doing anything i~ which would render its performance under this Agreement impossible; and each party shall do everything which this Agreement contemplates that such party shall do in order to accomplish the objectives and purposes of this Agreement. 16.6 No Waiver of Vesting. Nothing in this Agreement shall be construed as limiting or impairing any vested rights to proceed with the Development or use of the Property arising independently from entitlements, including those approved for the Project, issued by the CITY or others prior to, concurrently with, or subsequent to the approval of this Agreement, Federal and State Constitutions, statutes, or decisional law. 16.7 Time of Essence. Time is of the essence regarding each prevision of this Agreement of which time is an element. 16.8 Recitals. All Recitals set forth herein are incorporated in this Agreement as though fully set forth herein. 16.9 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and the Agreement supersedes all previous negotiations, discussion and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 17. Extension of Maps. In accordance with Government Code Section 66452.6(a), any tentative map which relates to all or a portion of the Property shall be extended for the greater of (i) the Term of the Agreement or (ii) expiration of the tentative map pursuant to Section 66452.6. 18. Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the CITY and OWNER and its assignees pursuant to Section 2.5 and shall not be construed to benefit or be enforceable by any third party. 19. Attachments. The following attachments are hereby incorporated by reference as if fully set out in the body of this Agreement. Attachments Description LennadHarveston Development Agreement 1653600.RED - 24531-9 47 7/2/01 I-A I-B 1-C 2 3 4 5 6 7 8 9 IlSubject to Discussionll 1'10 [11] Legal Description of the Lennar Property Legal Description of the Winchester Property Legal Description of the Property Benefits of the Project Project Actions and Approvals Existing Regulations Public Infrastructure Intentionally Omitted Public Finance Plan Vested Rights Park Improvements Interchange Area], Development Agreement Circulation Improvement Obligations 20. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: ..... 2001 "CITY" CITY OF corporation TEMECULA, a municipal By: Name: Title: Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Dated: ................ 2001 "OWNER" Lennar/Harveston Development Agreement 1653600.RED - 24531-9 48 7/2/01 By: Name: Title: State of California County of Riverside ) ) ss ) On before me, , personally appeared .......... personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Signature of Notary State of California County of Riverside ) ) ss ) On ..................... before me .................. personally appeared .................................. personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/hedtheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Lennar/Harveston Development Agreement '~653600.RED - 24531-9 7/2/01 Lennar/Harveston Development Agreemenl 1653600.RED - 24531-9 7/2/01 ATTACHMENT "1" (Legal Description of the Property) Development Agreement 1653600.RED - 24531-9 7/2/01 ATTACHMENT "2" (Specific Plan Development Standards) LennadHarveston Development Agreement 1653600.RED - 24531-9 7/2/01 ATTACHMENT "3" (Zoning District Development Standards) Lennar/Harveston Development Agreement 1653600 RED - 24531-9 7/2/01 ATTACHMENT "4" (Existing Regulations) 3.2 Rese,-ved Aut,horlty 13 4.2 Development Fees._~,'~' .............. Pro.gra, ,m 28 Development Agreement 1653600.RED - 24531-9 7/2/01 9. W~iv~rs ~nd Delays 37 . . . Lennar/Harveston Development Agreement 1653600,RED - 24531-9 7/2/01 Development Agreement 1653600.RED - 24531-9 7/2/01 TABLE OF CONTENTS Definitions ..................................................... 4 General Provisions ............................................... 8 2.1 Binding Covenants .................................... 8 2.2 Interest of OWNER .................................... 8 2.3 Term ............................................... 8 2.4 Termination ......................................... 9 2.5 Transfers and Assignments ............................. 9 Development Provisions ......................................... 11 3.1 Vesting ............................................ 11 3.2 Reserved Authority ................................... 13 3.3 Further Assurances to OWNER Regarding Exercise of Reserved Authority ................................................ 14 3.4 Consistent and Inconsistent Enactments .................. 15 3.5 Amendment of Development Agreement .................. 16 3.6 Future Amendments to Development Plan Approval(s) ....... 18 3.7 Future Development Approvals ......................... 18 Obligations of the Parties ......................................... 19 4.1 Benefits to CITY ..................................... 19 4.2 Development Fees ................................... 20 4.3 Related Real Property Conveyances; Conditions to Development Agreement ............................................... 24 4.4 Public Financing ..................................... 29 4.5 Development Agreement Fee ........................... 30 4.6 Public Art, Open Space and Habitat Preservation ........... 30 4.7 Smart Shuttle Program ................................ 30 4.8 Transfer of Credits ............................ 31 4.9 Improvements Not Completed in Accordance With the Phasing Plan .................................................... 31 [4.10] Public Use of Private Park Facilities ...................... 32 [4.11] Advancing of Infrastructure Improvements ................. 32 Indemnification ................................................. 33 Lennar/Harveston Development Agreement 1653600.RED - 24531-9 712101 10. 11. 12. 13. 14. 15. 16. TABLE OF CONTENTS Relationship of Parties ........................................... 34 Periodic Review of Compliance with Agreement ....................... 34 7.1 Periodic Review ..................................... 34 7.2 Good Faith Compliance ............................... 34 7.3 Failure to Conduct Annual Review ....................... 34 7.4 Initiation of Review by City Council ....................... 34 7.5 Administration of Agreement ........................... 35 7.6 Availability of Documents .............................. 35 Events of 8.1 8.2 8.3 8.4 8.5 Default: Remedies and Termination ........................ 35 Defaults by OWNER .................................. 35 Defaults by CITY .................................... 36 Specific Performance Remedy .......................... 36 Institution of Legal Action .............................. 37 Estoppel Certificates ................................. 38 Waivers and 9.1 9.2 9.3 9.4 9.5 Delays ............................................. 39 No Waiver .......................................... 39 Third Parties ........................................ 39 Force Majeure ...................................... 39 Extensions ......................................... 39 Notice of Delay ...................................... 39 Notices ....................................................... 39 Attorneys' Fees ................................................ 41 Recording ..................................................... 41 Effect of Agreement on Title ...................................... 41 13.1 Effect on Title ....................................... 41 13.2 Encumbrances and Lenders' Rights ...................... 41 Severability of Terms ............................................ 43 Subsequent Amendment to Authorizing Statute ....................... 43 Rules of Construction and Miscellaneous Terms ....................... 43 16.1 Interpretation and Governing Law ....................... 43 Lennar/Harveston Development Agreement 1653600.RED - 24531-9 712/01 17. 18. 19. 20. II TABLE OF CONTENTS 16.2 Section Headings .................................... 44 16.3 Gender ............................................ 44 16.4 No Joint and Several Liability ........................... 44 16.5 Covenant of Good Faith and Fair Dealing ................. 44 16.6 No Waiver of Vesting ................................. 44 16.7 Time of Essence ..................................... 44 16.8 Recitals ............................................ 44 16.9 Entire Agreement .................................... 44 Extension of Maps .............................................. 45 Not for Benefit of Third Parties .................................... 45 Attachments ................................................... 45 Counterparts .................................................. 45 Development Agreement 1653600.RED - 24531-9 7/2/01 TABLE OF CONTENTS This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : F:\DMS\BCF\1653600.02 and revised document: F:\DMS\BCF\1646880.05 CompareRite found 332 change(s) in the text Deletions appear as Strikethrough text Additions appear as Double Underline text Lennar/Harveston Development Agreement 1653600.RED - 24531-9 712101 ATTACHMENT 1 HARVESTON DEVELOPMENT AGREEMENT ATTACHMENT NO. I RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CA 92591 EXHIBIT "A" LEGAL DESCRIPTION LENNAR PROPERTY May 10, 2001 JN 15100181-M1 Page 1 of 5 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Lots 136, 143, 144, 145, 161 and 162; together with those portions of Lots 137, 138, 139, 142, 163, 166, 167, and 168; together with all sreets adjoining said lots which would pass with the title to said lots, all as shown on a map of the Temecula Land and Water Company on file in Book 8, Page 359 of Maps, Records of San Diego County, California; and also together with a portion of Parcel 4 of Parcel Map No. 19677 as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the most westerly comer of said Lot 136, said corner being a point on the centerline of Jackson Avenue; thence along said centerline through the following courses: South 41038'09'' East 1290.73 feet to the most westerly corner of said Lot 137; thence South 42014'33'' East 1290.79 feet to the most southerly corner of said Lot 137; thence South 41052'47'' East 741.98 feet to the boundary line of Parcel Map No. 21361 filed in Book 139, Pages 89 and 90 of Parcel Maps in the Office of the County Recorder of said Riverside County; thence leaving said centerline, along said boundary line through the following courses: North 30007'20'' East 55.26 feet to an angle point therein; thence South 59o52'40'' East 100.00 feet; thence South 13039'32'' East 33.24 feet to a point on a non-tangent curve concave northeasterly and having a radius of 811.00 feet, a radial line of said curve from said point bears North 30007'20'' East; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 Page 2 of 5 thence along said curve southeasterly 397.97 feet through a central angle of 28006'57'' to a point of reverse curvature with a curve concave southwesterly and having a radius of 889.00 feet, a radial line of said curve from said point bears South 02000'23'' West; thence along said curve southeasterly 422.79 feet through central angle of 27°14'56"; thence tangent from said curve South 60'44'41" East 39.00 feet; thence South 60°56'17'' East 936.88 feet to the most easterly corner of said Parcel Map and a point in the northwesterly line of the Santa Gertrudis Channel as described in a deed recorded November 8, 1991 as Instrument No. 389573 of Official Records in said Office of the Riverside County Recorder; thence leaving said boundary line, along said northwesterlyline of the Santa Gertrudis Channel North 32°39'01'' East 109.75 feet to an angle point in the northwesterly line of Parcel "A" as described in a deed recorded October 30, 1991 as Instrument No. 375618 of Official Records in said Office of the Riverside County Recorder; thence along said northwesterly line the Santa Gertrudis Channel as described in said Parcel "A" through the following courses: North 37012'02'' East 1203.85 feet; thence North 21°20'13'' East 133.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 50.00 feet; thence along said curve northeasterly 58.04 feet through a central angle of 66°30'33"; thence non-tangent from said curve South 87°51'25" East 55.00 feet to a point on a non-tangent curve in the centerline of Margarita Road concave easterly and having a radius of 1200.00 feet, a radial line of said curve from said point bears South 87051'25'' East; thence leaving said northwesterly line, along said centerline through the following courses: along said curve northerly 632.82 feet through a central angle of 30°12'53"; thence tangent from said curve North 32021'28'' East 745.62 feet to the beginning of a tangent curve concave westerly and having a radius of 1600.00 feet; thence along said curve northerly and northwesterly 2100.47 feet through a central angle of 75o13'03"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181oM1 Page 3 of 5 thence tangent from said curve North 42°51'35" West 1399.68 feet to the centerline of Date Street; thence leaving said centerline of Margarita Road, along said centefline of Date Street through the following courses: South 48011'45'' West 751.48 feet to the most northerly corner of said Lot 161; thence South 47°56'13'' West 1324.74 feet to the most westerly corner of said Lot 161; thence leaving said centerline North 41°46'09" West 1295.09 feet to the most northerly corner of said Lot 145; thence South 48o08'27'' West 1322.95 feet to the most northerly corner of said Lot 136; thence South 47028'25'' West 1322.70 feet to the POINT OF BEGINNING: EXCEPTING therefrom a school site described as follows: COMMENCING at the centerline intersection of Margarita Road with Rustic Glen Drive as shown on a map of Tract No. 21340- 6 filed in Book 183, Pages 92 through 94 of Maps in the Office of the County Recorder of said Riverside County, said intersection being a point on a curve in said centerline of Margarita Road concave southwesterly and having a radius of 1600.00 feet, a radial line of said curve from said point bears South 61027'29'' West; thence along said curve and centerline northwesterly 67.30 feet through a central angle of 02°24'36"; thence radially from said curve South 59002'53'' West 55.00 feet; thence South 15°15'11" West 33.20 feet; thence South 61o27'29'' West 413.60 feet; thence North 66°37'11" West 29.19 feet to a point on a non-tangent curve concave southwesterly and having a radius of 739.00 feet, a radial line of said curve from said point bears South 61022'37'' West; thence along said curve northwesterly 5.04 feet through a central angle of 00°23'26"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 Page 4 of 5 thence tangent from said curve North 29°00'49'' West 92.67 feet to the beginning of a tangent curve concave southwesterly and having a radius of 789.00 feet; thence along said curve northwesterly 691.50 feet through a central angle of 50°12'57"; thence radially from said curve South 10°46'14'' West 66.00 feet to a point on a non-tangent curve concave southwesterly and having a radius of 723.00 feet, said curve being concentric with and 66.00 feet southwesterly from last said curve, said point being the TRUE POINT OF BEGINNING; thence along said curve southeasterly 633.66 feet through a central angle of 50°12'57"; thence tangent from said curve South 29o00'49'' East 92.67 feet to the beginning of a tangent curve concave westerly and having a radius of 673.00 feet; thence along said curve southerly 562.64 feet through a central angle of 47°54'02"; thence tangent from said curve South 18°53'13'' West 7.49 feet; thence South 63°53'13'' West 28.28 feet; thence North 71o06'47'' West 291.04 feet; thence North 42°27'45" West 19.18 feet to a point on a non-tangent curve concave southwesterly and having a radius of 67.00 feet, a radial line of said curve from said point bears South 76°11'16'' West; thence along said curve northwesterly and westerly 140.49 feet through a central angle of 120°08'19'' to an intersection with a non-tangent curve concave northeasterly and having a radius of 370.00 feet, a radial line of said curve from said intersection bears North 22°06'45'' East; thence along said curve northwesterly 193.43 feet through a central angle of 29°57'14"; thence tangent from said curve North 37°56'01'' West 105.79 feet to the beginning of a tangent curve concave southwesterly and having a radius of 530.00 feet; thence along said curve northwesterly 178.44 feet through a central angle of 19°17'27"; Exhibit "A" Legal Description Lennar Property May 10, 2001 JN 15100181-M1 Page 5 of 5 thence tangent from said curve North 57°13'28" West 104.31 feet; thence North 35°48'18" East 203.84 feet; thence North 25°32'01'' East 358.49 feet to the TRUE POINT OF BEGINNING. Also, excepting from said Lot 138, the southeast 165.00 feet of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated) of the northwest one-half of said lot'. Also, excepting from said Lot 138, the northwest 330.00 feet (measured from the centerline of Cherry Street - vacated) of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated). CONTAINING: 398.34 Acres, more or less. SUBJECT To all covenants, rights, rights-of-way and easements of record. EXHIBIT "A-I" attached hereto and made a part hereof. Th~n was prepared by me or under my direction. ~aymond~. Mathe, P.L.S. 6185 My license expires 3/31/02. i NO. 6185 Exp., 3/31/02 H:~PDATA\15100181\OFFICE\WPWIN~18 llgl001.WPD 1000 '0 1000 GRAPHIC SCALE 2OO0 3000 N 'b EXHIBIT XA-l~ ATTACHMENT NO. 1 LEGAL DESCRIPTION LENNAR PROPERTY IWAY 10, 2001 OF SCALE 1"=1000' (~PCL "A" PER INST. NO. 375618,0.R. (10-30-91) <~ (11-08-91) SHEET 1 OF 1 SHEET CONS U LTI NG IFIELD BOOK JOB ND. 15100181-M1 RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CA 92591 EXHIBIT "B" May 10, 2001 JN 15100181-M2 Page 1 of 2 LEGAL DESCRIPTION BIERI PROPERTY That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being those portions of Lots 109, 110, 120 and 121 (together with those portions of vacated Date Street, Monroe Avenue and Jackson Avenue adjoining said lots), all as shown on a Map of the Temecula Land and Water Company filed in Book 8, Page 359 of Maps, Records of San Diego County, California, together with a portion of Parcel 4 of Parcel Map No. 19677 (together with that portion of Ynez Road adjoining said Parcel 4), all as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps, Records of Riverside County, California, described as a whole as follows: BEGINNING at the most northerly corner of said Lot 121, said corner being a point on the centerline of said Jackson Avenue; thence along said centerline South 41038'09'' East 1290.73 feet to the most northerly corner of said Lot 120; thence continuing along said centerline South 42014'33'' East 1290.79 feet to the most easterly corner of said Lot 120; thence continuing along said centerline South 41052'47'' East 794.56 feet to the centerline of said Ynez Road; thence along said centerline of Ynez Road South 30o07'20'' West 432.14 feet to the beginning of a tangent curve concave southeasterly and having a radius of 1675.00 feet; thence along said curve southwesterly 699.71 feet through a central angle of 23056'04'' to the easterly prolongation of a course in the southeasterly line of said Parcel 4 shown as "North 83048'37'' West" on said Parcel Map; thence radially from said curve, along said course and prolongation North 83048'44'' West 142.82 feet to an angle point in said southeasterly line; Exhibit "B" May 10, 2001 Legal description JN 15100181-M2 Bieri Property Page 2 of 2 thence along said southeasterly line South 63o31'52'' West 962.68 feet to the most southerly comer of said Parcel 4 and a point in the northeasterly line of Interstate 215; thence along said northeasterly line through the following courses: North 29°26'02'' West 376.97 feet; thence North 30o35'46'' West 450.40 feet; thence North 28°41'12'' West 758.78 feet; thence North 18o40'57'' West 346.24 feet; thence North 28o39'30'' West 199.91 feet; thence North 37°45'11'' West 253.17 feet; thence North 29o58'20'' West 449.97 feet; thence North 21o49'02'' West 251.95 feet; thence North 28o24'39'' West 519.02 feet to the northwesterly line of said Lot 121; thence along said northwesterly line North 48010'42" East 1190.56 feet to the POINT OF BEGINNING. CONTAINING: 135.24 Acres, more or less. SUBJECT To all covenants, rights, rights-of-way and easements of record. EXHIBIT "B-I" attached hereto and made a part hereof. This description was prepared by me or under my direction. ,A~~he, P.L.S. 6185 My license expires 3/31/02. NO. 618~ Exp., 313t/02 H:\PDATA\1510018 I\OFFICE\WPWIN~I 8 llgI002.WPD 1000 1000 2000 3000 J I ~ /o% GRAPHIC SCALE EXHIBIT 'B-1~ ATTACHMENT NO. 2 LEGAL DESCRIPTION BIERI PROPERTY OF ? .tC.B. ~PCL 'A" PER INST. NO. 375618,0.R· (10-50-91) INST. NO. 389573,0.R. (~ (11-08-91) SHEET 1 OF 1 SHEET nONSULTIN8 MAY 10, 2001 1"=1000' 15100181-M2 RBF CONSULTING 27555 YNEZ ROAD, SUITE 400 TEMECULA, CA 92591 EXHIBIT "C" LEGAL DESCRIPTION LENNAR/BIERI PROPERTY May 31, 2001 JN 15100181-M3 Page 1 of 6 That certain parcel of land situated in the City of Temecula, County of Riverside, State of California, being Lots 136, 143, 144, 145, 161 and 162; together with those portions of Lots 109, 110, 120, 121, 137, 138, 139, 142, 163, 166, 167 and 168; together with all streets adjoining said lots which would pass with the title to said lots, all as shown on a map of the Temecula Land and Water Company on file in Book 8, Page 359 of Maps, Records of San Diego County, California; and also together with Parcel 4 of Parcel Map No. 19677 and a portion of Ynez Road adjoining said Parcel 4 as shown on a map filed in Book 135, Pages 85 and 86 of Parcel Maps in the Office of the County Recorder of said Riverside County, described as a whole as follows: BEGINNING at the most northerly corner of said Lot 121, said corner being a point on the centerline of Jackson Avenue; thence along the northwesterly line of said Lot 121 South 48o10'42'' West 1190.56 feet to the northeasterly line of Interstate 215; thence along said northeasterly line through the following courses: South 28024'39'' East 519.02 feet; thence South 21o49'02'' East 251.95 feet; thence South 29058'20'' East 449.97 feet; thence South 37°45'11'' East 253.17 feet; thence South 28o39'30'' East 199.91 feet; thence South 18040'57'' East 346.24 feet; thence South 28°41'12'' East 758.78 feet; Exhibit "C" Legal Description Lennar/Bieri Property May 31, 2001 JN 15100181-M3 Page 2 of 6 thence South 30035'46'' East 450.40 feet; thence South 29026'02'' East 376.97 feet to the southwesterly corner of said Parcel 4 of Parcel Map No. 19677; thence leaving said northeasterly line, along the southerly line of said Parcel 4 North 63031'52'' East 962.68 feet to an angle point therein; thence continuing along said southerly line South 83048'44'' East 92.82 feet; thence continuing South 83048'44'' East 50.00 feet to a point on a non-tangent curve in the centerline of Ynez Road concave southeasterly and having a radius of 1675.00 feet, a radial line of said curve from said point bears South 83048'44'' East; thence along said curve and centerline northerly 699.71 feet through a central angle of 23°56'04"; thence continuing along said centerline, tangent from said curve North 30°07'20" East 432.14 feet to the boundary line of Parcel Map No. 21361 filed in Book 139, Pages 89 and 90 of Parcel Maps in the Office of the County Recorder of said Riverside County; thence along said boundary line through the following courses: North 41o52'47'' West 52.57 feet to an angle point therein; thence North 30°07'20'' East 55.26 feet; thence South 59°52'40" East 100.00 feet; thence South 13039'32'' East 33.24 feet to a point on a non-tangent curve concave northeasterly and having a radius of 811.00 feet, a radial line of said curve from said point bears North 30007'20'' East; thence along said curve southeasterly 397.97 feet through a central angle of 28006'57'' to a point of reverse curvature with a curve concave southwesterly and having a radius of 889.00 feet, a radial line of said curve from said point bears South 02000'23'' West; thence along said curve southeasterly 422.79 feet through central angle of 27°14'56"; Exhibit "C" Legal Description Lennar/Bieri Property May 31, 2001 JN 15100181-M3 Page 3 of 6 thence tangent from said curve South 60°44'41'' East 39.00 feet; thence South 60°56'17'' East 936.88 feet to the most easterly corner of said Parcel Map and a point in the northwesterly line of the Santa Gertrudis Channel as described in a deed recorded November 8, 1991 as Instrument No. 389573 of Official Records in said Office of the Riverside County Recorder; thence leaving said boundary line, along said northwesterly line of the Santa Gertrudis Channel North 32°39'01" East 109.75 feet to an angle point in the northwesterly line of Parcel "A" as described in a deed recorded October 30, 1991 as Instrument No. 375618 of Official Records in said Office of the Riverside County Recorder; thence along said northwesterly line the Santa Gertrudis Channel as described in said Parcel "A" through the following courses: North 37o12'02'' East 1203.85 feet; thence North 21°20'13'' East 133.00 feet to the beginning of a tangent curve concave southeasterly and having a radius of 50.00 feet; thence along said curve northeasterly 58.04 feet through a central angle of 66°30'33"; thence non-tangent from said curve South 87°51'25" East 55.00 feet to a point on a non-tangent curve in the centerline of Margarita Road concave easterly and having a radius of 1200.00 feet, a radial line of said curve from said point bears South 87o51'25'' East; thence leaving said northwesterly line, along said centerline through the following courses: along said curve northerly 632.82 feet through a central angle of 30°12'53"; thence tangent from said curve North 32021'28'' East 745.62 feet to the beginning of a tangent curve concave westerly and having a radius of 1600.00 feet; thence along said curve northerly and northwesterly 2100.47 feet through a central angle of 75°13'03"; thence tangent from said curve North 42051'35'' West 1399.68 feet to the centerline of Date Street; thence leaving said centerline of Margarita Road, along said centerline of Date Street through the following courses: South 48011'45'' West 751.48 feet to the most northerly corner of said Lot 161; Exhibit "C" Legal Description Lennar/Bieri Property May 31, 2001 JN 15100181-M3 Page 4 of 6 thence South 47°56'13" West 1324.74 feet to the most westerly corner of said Lot 161; thence leaving said centerline North 41°46'09'' West 1295.09 feet to the most northerly corner of said Lot 145; thence South 48008'27'' West 1322.95 feet to the most northerly corner of said Lot 136; thence South 47°28'25'' West 1322.70 feet to the POINT OF BEGINNING: EXCEPTING therefrom a school site described as follows: COMMENCING at the centerline intersection of Margarita Road with Rustic Glen Drive as shown on a map of Tract No. 21340- 6 filed in Book 183, Pages 92 through 94 of Maps in the Office of the County Recorder of said Riverside County, said intersection being a point on a curve in said centerline of Margarita Road concave southwesterly and having a radius of 1600.00 feet, a radial line of said curve from said point bears South 61°27'29'' West; thence along said curve and centerline northwesterly 67.30 feet through a central angle of 02o24'36"; thence radially from said curve South 59°02'53'' West 55.00 feet; thence South 15°15'11" West 33.20 feet; thence South 61°27'29" West 413.60 feet; thence North 66°37'11'' West 29.19 feet to a point on a non-tangent curve concave southwesterly and having a radius of 739.00 feet, a radial line of said curve from said point bears South 61022'37'' West; thence along said curve northwesterly 5.04 feet through a central angle of 00°23'26"; thence tangent from said curve North 29°00'49" West 92.67 feet to the beginning of a tangent curve concave southwesterly and having a radius of 789.00 feet; thence along said curve northwesterly 691.50 feet through a central angle of 50°12'57"; thence radially from said curve South 10°46'14" West 66.00 feet to a point on a non-tangent Exhibit "C" Legal Description Lennar/Bieri Property May 31, 2001 JN 15100181-M3 Page 5 of 6 curve concave southwesterly and having a radius of 723.00 feet, said curve being concentric with and 66.00 feet southwesterly from last said curve, said point being the TRUE POINT OF BEGINNING; thence along said curve southeasterly 633.66 feet through a central angle of 50°1757"; thence tangent from said curve South 29o00'49'' East 92.67 feet to the beginning of a tangent curve concave westerly and having a radius of 673.00 feet; thence along said curve southerly 562.64 feet through a central angle of 47°54'02"; thence tangent from said curve South 18°53'13'' West 7.49 feet; thence South 63°53'13'' West 28.28 feet; thence North 71o06'47'' West 291.04 feet; thence North 42o27'45'' West 19.18 feet to a point on a non-tangent curve concave southwesterly and having a radius of 67.00 feet, a radial line of said curve from said point bears South 76°11'16" West; thence along said curve northwesterly and westerly 140.49 feet through a central angle of 120°08'19'' to an intersection with a non-tangent curve concave northeasterly and having a radius of 370.00 feet, a radial line of said curve from said intersection bears North 22o06'45'' East; thence along said curve northwesterly 193.43 feet through a central angle of 29°57'14"; thence tangent from said curve North 37°56'01'' West 105.79 feet to the beginning of a tangent curve concave southwesterly and having a radius of 530.00 feet; thence along said curve northwesterly 178.44 feet through a central angle of 19°17'27"; thence tangent from said curve North 57o13'28'' West 104.31 feet; thence North 35°48'18'' East 203.84 feet; thence North 25°32'01" East 358.49 feet to the TRUE POINT OF BEGINNING. Exhibit "C" Legal Description Lennar/Bieri Property May 31, 2001 JN 15100181-M3 Page 6 of 6 ALSO, EXCEPTING from said Lot 138, the southeast 165.00 feet of the southwest 330.00 feet (measured from the centerline of Jackson Avenue - vacated) of the northwest one-half of said lot. ALSO, EXCEPTING from said Lot 138, the northwest 330.00 feet (measured from the centerline of Cherry Street - vacated) of the southwest 330.00 feet (measured from the centefline of Jackson Avenue - vacated). CONTAINING: 533.58 Acres, more or less. SUBJECT To all covenants, rights, rights-of-way and easements of record. EXHIBIT "C-I' attached hereto and made a part hereof. This description, mas prepared by me or under my direction. ,,J~ffymond L. Mathe, P.L.S. 6185 My license expires 3/31/02. t NO. 6185 ~ Exp.. 3 131 102 H:\PDATA\1510018 I\OFFICE\WPWIN~18 llgI003.WPD 1000 0 1000 2000 3000 GRAPHIC SCALE / / EXHIBIT 'C-l' ATTACHMENT NO. 5 LEGAL DESCRIPTION OF LENNAR/BIERI PROPERTY i (~PCL "A" PER INST. NO. 575618,0.R. (10-~0-9~) INST. NO. 389573,0.R. (11-08-91) SHEET 1 I~0 N SU LTIN G OF 1 SHEET I~!- JOB NO /5100181-M5 SCALE FIELD BOOK MAY 31, 2001 1"=1000' ATTACHMENT 2 HARVESTON DEVELOPMENT AGREEMENT ATTACHMENT 3 HARVESTON DEVELOPMENT AGREEMENT 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. ATTACHMENT 3 TO HARVESTON DEVELOPMENT AGREEMENT DEVELOPMENT PLAN APPROVALS General Plan, as amended on by Ordinance No. Harveston Specific Plan No. 13 (Ordinance No. ) Harveston Final Environmental Impact Report (Resolution No. Mitigation Monitoring Program for the Harveston Final Environmental Impact Report (Resolution No. ) Development Agreement (Ordinance No. Change of Zone (Ordinance No. ) Tentative Tract Map No. 29639 (Resolution No. Tentative Tract Map No. 29928 (Resolution No. Tentative Tract Map No. 29929 (Resolution No. Tentative Tract Map No. 30088 (Resolution No. Development Code Amendment (Ordinance No. Specific Plan Zoning Standards (Ordinance No. ) ) 1650814.1 (Word) ATTACHMENT 4 HARVESTON DEVELOPMENT AGREEMENT ATTACHMENT 4 TO HARVESTON DEVELOPMENT AGREEMENT 2. 3. 4. 5. 6. EXISTING REGULATIONS City of Temecula General Plan, as amended by Ordinance No. __ City of Temecula Development Code (Ordinance No. ) Subdivision Ordinance (Ordinance No. 99-23) City - Wide Design Guidelines (Ordinance No. ) Ordinance No. 655 (Mt. Palomar Lighting) Growth Management Program Action Plan as adopted by the City on March 21, 2000 CFD 98-01 Development Impact Fee Municipal Code Section 15.06 1650797.1 (Word) ATTACHMENT 5 HARVESTON DEVELOPMENT AGREEMENT ATTACHMENT 5 TO HARVESTON DEVELOPMENT AGREEMENT OFF-SITE IMPROVEMENTS INTERSECTION IMPROVEMENT NEEDS IDNo. I Intersection I Improvements I Cost 1 Winchester Rd ~ (1) Add EB Right Turn Lane 645,800 Jefferson Ave (2) Add NB Right Turn Lane (Dual Right) (3) Add SB Left Turn Lane (4) Convert SB Right Turn Lane to Shared Through and Right Turn Lane 2 Winchester Rd ~ (1) Add EB Right Turn Lane 419,100 I-15 Southbound Ramp (2) Add SB Dedicated Left Turn Lane (Dual Left) and Widen Off Ramp to Accommodate the Added Lane 4 Winchester Rd ~ (1 ) Add EB Left Turn Lane (Dual Left) Ynez Rd (2) Add EB Through Lane (3) Modify NB Through Lane to Shared Through and Left Turn Lane (4) Modify Signal to Provide NB Right Turn Overlap Phase (5) Split NB and SB Signal Phases (6) Add WB Through Lane (7) Modify Signal to Provide NB Right Turn Overlap Phase (8) Modify Signal to Provide SB Right Turn Overlap Phase (9) Add EB Through Lane (10) Add SB Shared Through and Right Turn Lane 1,933,200 5 Winchester Rd @ (1 ) Modify Signal to Provide SB Right Turn Overlap Phase Margarita Rd (2) Modify Signal to Provide NB Right Turn Overlap Phase (3) Add EB Left Turn Lane (Dual) (4) Modify Signal to Provide SB Right Turn Overlap Phase (5) Add EB Left Turn Lane 665,800 10 Mumeta Hot Springs Rd ~ (1) Add WB Left Turn Lane (Dual) Jefferson Ave (2) Channelize NB Right Turn Lane to Allow Free Right 351,900 Turn Movement 12 Murrieta Hot Springs Rd ~ (1) Add WB Right Turn Lane Alta Murrieta Dr (2) Modify WB Shared Through and Right Turn Lane to 242,300 Through Lane 13 Murrieta Hot Springs Rd ~ (1 ) Modify EB Through Lane to Shared Through and Right Margarita Rd Turn Lane (2) Modify NB Through Lane to Shared Through and Left 9,600 Turn Lane 18 Overland Dr ~ (1) Modify Signal to Provide WB Right Turn Overlap Phase Jefferson Ave (2) Modify Signal to Provide NB Right Turn Overlap Phase (3) Split NB and SB Signal Phases (4) Add EB Ri~,ht Turn Lane 227,400 19 Overland Dr @ (1 ) Add WB Right Turn Lane Ynez Rd (2) Modify WB Shared Through and Right Turn Lane to Through Lane (3) Modify Signal to Provide WB Right Turn Overlap Phase (4) Modify Signal to Provide SB Right Turn Overlap Phase 227,400 26 Overland Dr ~ (1) Modify NB Through Lane to Shared Through and Left Margarita Rd Turn Lane INTERSECTION IMPROVEMENT NEEDS ID No. Intersection Cost Improvements (2) Split NB and SB Signal Phases TOTAL AMOUNT 1,700 4,724,200 OTHER IMPROVEMENT Margarita Road Widening Complete east half widening of Margarita Road 450,000 ATTACHMENT 6 HARVESTON DEVELOPMENT AGREEMENT ATTACHMENT 6 HARVESTON DEVELOPMENT AGREEMENT ON-SITE IMPROVEMENTS INTERSECTION IMPROVEMENT NEEDS ID No. ] Intersection I Improvements [ Cost 28 Rustic Glen Dr @ I(1) Add EB Left Turn Lane Margarita Rd ~ (2) Add EB Shared Through and Right Turn Lane (3) Add NB Left Turn Lane (4) Add NB Through Lane (5) Modify WB Right Turn Lane to Shared Through and Right Turn Lane (6) Add SB Through Lane (7) Add SB Right Turn Lane (8) Modify Signal to Accommodate New EB 67,700 Approach 29 Margarita Rd ~ (1) Add NB Lefi Turn Lane South Project Residential (2) Add SB Right Turn Lane (3) Add EB Left Turn Lane (4) Add EB Right Turn Lane (Dual) (5) Install Traffic Signal 167~500 30A South Project Residential Access Rd - (1) Add EB Through Lane Inbound ~ Internal Loop (2) Add NB Left Turn Lane Access Rd (3) Add NB Right Turn Lane (4) Add WB Through Lane (5) Install Traffic Signal 322~000 30B South Project Residential Access Rd - (1) Add EB Through Lane Outbound ~ Internal Loop (2) Add EB Right Turn Lane Access Rd (3) Add WB Through Lane (4) Add WB Right Turn Lane (5) No Intersection Controls Needed 172~000 31 East Project Residential Access Rd ~ (1) Add NB Through Lane Internal Loop Access Rd (2) Add NB Right Turn Lane (3) Add WB Left Turn Lane (4) Add WB Right Turn Lane (5) Add SB Through Lane (6) Add SB Left Turn Lane 7) Install Stop Signs on WB Approach 207,000 32 Date St @ (1) Add 3 EB Through Lanes Ynez Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Through Lanes (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add 2 WB Through Lanes (8) Add 2 WB Lefi Turn Lanes (Dual Left) (9) Add WB Right Turn Lane (10) Add 2 SB Through Lanes (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane ID No.INTERSECTION IMPROVEMENT NEEDS Intersection Improvements ] Cost (13) Install Traffic Signal ] 184,500 33 :Date St @ (1) Add NB Through Lane Service Commercial Access I (2) Add NB Right Turn Lane (3) Add WB Left Turn Lane (4) Add WB Right Turn Lane 5) Add SB Through Lane (6) Add SB Left Turn Lane (7) Install Stop Signs on NB and SB Approaches 24,200 34 Date St ~ (1 ) Add 2 EB Through Lanes North Project Residential Access Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add NB Shared Through and Left Turn Lane (5) Add NB Left Turn Lane (6) Add NB Right Turn Lane (7) Add 2 WB Through Lanes (8) Add WB Left Turn Lane (9) Add WB Right Turn Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Install Traffic Signal 174,200 35 North Project Residential Access Rd (1) Add EB Through Lane Internal Loop Access Rd (2) Add EB Left Turn Lane (3) Add WB Through Lane (4) Add WB Right Turn Lane (5) Add SB Left Turn Lane (6) Add SB Right Turn Lane (7) Install Stop Signs on EB and WB Approaches 104,100 36 Ynez Rd ~ (1) Add EB Through Lane Service Commercial (2) Add EB Right Turn Lane Access II (3) Add NB Left Turn Lane (4) Add NB Right Turn Lane (5) Add WB Through Lane (6) Add WB Left Turn Lane (7) Install Stop Signs on EB and WB Approaches 26,850 37 Ynez Rd ~ (1) Add EB Right Turn Lane Service Commercial (2) Add 2 NB Through Lanes Access III (3) Add NB Left Turn Lane (4) Add 2 SB Through Lanes (5) Add SB Right Turn Lane (6) Install Stop Sign on EB Approach 13,425 38 Ynez Rd ~ (1) Add EB Shared Through and Right Turn Lane Service Commercial (2) Add EB Left Turn Lane Access IV (3) Add 2 NB Through Lanes (4) Add NB Left Turn Lane (5) Add NB Right Turn Lane (6) Add WB Shared Through and Right Turn Lane (7) Add WB Left Turn Lane INTERSECTION IMPROVEMENT NEEDS ID No. Intersection Improvements Cost (8) Add 2 SB Through Lanes (9) Add SB Left Turn Lane (10) Add SB Right Turn Lane (11 ) Install Traffic Si[[nal 176,850 39 Date St ~ (1) Add EB Shared Through and Left Turn Lane Margarita Rd (2) Add EB Left Turn Lane (3) Add EB Right Turn Lane (4) Add 2 NB Tl~ough Lanes (5) Add NB Left Tttm Lane (6) Add NB Right Turn Lane (7) Add WB Shared Through and Right Turn Lane (8) Add WB Left Turn Lane (9) Add SB Through Lane (10) Add SB Shared Through and Right Turn Lane (11) Add SB Left Turn Lane (12) Add SB Right Turn Lane (13) Install Traffic Signal 157,000 TOTAL AMOUNT 1~797,325 1644056.1 ATTACHMENT 7 HARVESTON DEVELOPMENT AGREEMENT ATTACHMENT NO. 7 TO HARVESTON DEVELOP _A_~_-_-NT AGRFFs4~NT PROPOSED PUBLIC FACR.ITIES FINANCING PLAN Th~ City of T~n~cula (the "Civy~) will use its be~ F~g A~ofi~ (~ ~FA'~ ~ ~ ~h~ ~h F~g A~ (~ "~A~ "1998 ~9 m w~ch ~ ~A ~ ap~: Proposed .4~iom by th~ W~'~A: F.y~cu~ aa ammuimma to th~ 1998 Agrccmm~ (tbe "Am~,~mr") m pm'mit a on~ time ~cial ol~io~l ml~m~tion of th~ honda out~mdh~ ,,.a~ the 1995 Agr~mmt (the "WHFA Bonds"), on any chu: on or prior to Febrmuy 1, 2001, a~ a mt~nption pricc of 103% of th~ principal amoun~ of the WHFA Bonds m be rcdm~ togeti~r with a~cruod Work with Stone & Yo!mL,~erg LLC m obtain th~ n~:essary WI-IFA Bondowner consents to th~ Ammtmmc If th~ sale of d~ TPFA bonds described below (th~ "TPFA Bonds") as sm:cessful, direcl the fiscal agent und~ tbe 1995 Agx~ement to call tho WHFA Bonds for r~demption, and upon roccipt of a portion of thc proceeds of the TPFA Bonds s~,~cient fur such purpose, direct d~ fiscal agent to red~m all thc outstanding WI-IFA Bonds, with such redemption m occur on the da~ of issuance of~he TPFA Bonds. Upon rcdc:npdon of ~ WHFA Bonds, rccord a notice of release of special tax lira ia ~ o~ce of I~e Conmy Reconier acknowledging ~lea~e of ali parcels ia the WI-~A's Co,~munity Facilities Disuic~ No. 98-1 from tbe sp~ial tax lien securing payment of tho W'I~A Bonds. Proposed Ac~ons by the TPFA: subj~'t to all applicable provisions oftbe Cod~, :on.sider the fo~__=-_'on of the CFD and thc issuance of tbe TPFA Bonds. The C/~ wi~ have the following features: (i) A bonded indebtedness ~x ~nl~fici~,x to red~-m in full thc o~g WHFA Bonds, to d~posit $5,150,000 improvement fund, to pny the costs of/ssuance of the proposed TPFA Bonds, to provide for capital/zed/nteres~ for a pn'/od of time on the TPFA Bonds, to pray/de far any necessnry reserves and odin/n/suave ex~ens~ of th~ CFD, and m psy eom to conv~t the TPFA BAn,h f~m a vat/able rate to a fixed rate. The ~'ted TPFA R,,-d anthor/~on is appro~,-o~tely $20,000,000. Tbe TPFA Bo~,h will be issued as tax-~,'~_ t var/able rate bond~ s~u~. by a letm' of c~l/t for wh/ch !-~--- is ~ account pony, with conversion to a fixed rate of aH or a portion of the TPFA Bondz on ~uly 1st ~ae, h y~ pmv/ded pmpm~y i~ the CFD adfieved at leaet ~ ~:! value to lien, and a final convert/on date by which ali TPFA Bonds w/Il be so ¢onvmed or ~ms= Bo~ts no~ (ii) Facilities authorized to be fuumccd by the ~ will include capital im.nmven~nts ~__~__'t?a by d~velopment of th~ Hatveston p~ject, as id~titied by t-.~,, prior to tbe adoption of a t~olution of i~ to form the CID, and approved by the City's Director of Public Works and the TPFA's bond counsel (the "Facilities"). TPFA, for the CFD, will en~ into an acquisition a~t~.~ment with L~-m' in a form draflM by TPFA's bond gounscl to usc $5,150,000 of ~ bond proceals to ~quire tbe Fac. ilines complimce wi~h applicable ptcvnl]i,I wage and ot_h~- laws. TPFA ~ usc its be~t efforts to anter into joint community l~a~ilities, without cost o~ liability to the TPFA except for u ~mmi[lll~[ [0 II~ TPFA Bond p~ents to pay the cos~ of tbe applk-able Facilities. The Ratc ~,.n Method of Apponionmcnt of Sl~clal Taxes for ~ C'~FD (the ":R,A~'), wi~ be su'~mz~l so that m~ ovcr¼pping debt will not cz.~eed 2% of the _ _%~ected sales prices oftbe berets to be taxes wOl be levied lust on dcvclaped property et the authorized levels and the~ on undeveloped pmpe~y. Speci~l tax ~evcnues dill be used m pay TPFA Bond d~ot sca'vice and ~ cxpens~ (includm$ lct~' of crcdi~ corn ~a rcimborecmcntsL end n~y bc accumulated m pay costs ta convm tbe inter~! rote on the TPFA Bonds f~om variabls m fixed and to redeem TPFA Bonds as 24531.9:t64,~60.3[v, on~ 2 neccssary az final conversion of the interest rate on the TPFA Bonds from variable to fixed, Special mx levies on dcveloped property will be collected on thc County's ad valorem tax roll, and special tax levies may be levied mo-~ty on undeveloped property in Rte CFD owned by ~ ns n~ess~t~ to sa~fy tl~ obligation of~ CI~D m pay inze~x on th~ TPFA Bonds dugng the period in whi~ the interest rate is vagablc, to pay costs to conv~'t thc interest rate on the TPFA Bonds from variable to fixed ~,,,t to redeem TPFA Bonds on the final conversion date, in each case to the extcnt that available special tax revenues are insufficient f~r such proposes. While thc City will usc its best etfom to cause the WI~A n,~d thc TPFA to ,*_~p thc actions desto'bed above, Lennar a,:knowledge~ rhst th~ ~lempfion of thc WHFA Bonds is contingmt ~n the recdpt by thc WHFA of the consents of the ownc~ of all of the WElrA B~,~_ to the one C~..- special redemption, and that the forn~ion of the CFD and thc issuance of the TPFA Bonds is subject m public hearings and an election of the owners of thc pmpcny in ~ CFD, a~ reql~.d ~mdn' the Cod~. Nothing in th~ Development ,AI~'__.~__~_t (L'lcl~"g this Attachn~nt No. 7) shah Lq a~y way obligate the TPFA to form the CFD or to issue the TPFA Bonds iR following zig public hearings required under the Code with respect thert~o, the TPFA determines to terminate future a~ions to form th~ LTD. in any event, the City ~ to enter ~_m a joint eonunun~ty f~littes agr~nmt, in a form prepared by Bond Counsel tn the TPFA, as nece~sa.,T under the Code to n,~nee ~ Facilities to be owned and/or operated by the City. 2~31-o; 164406o.3 [word] 3 ATTACHMENT 8 HARVESTON DEVELOPMENT AGREEMENT Attachment No. 8 to Htrvesmn Development Agreement V~STING L£NNAR PROPERTY - The vcated rights afforded by the Agrccmen! include, without lira/ration, the righl zo ~e following: Building and occupancy permits for 1,921 dwelling uui~s, im:ludi~: a. approximately 578"Low Medium" d~usi~, as defined in thc Sp~..ific Pla~ dwelling b. approximalely 475 "M~lium 1" density, as de~ned in L~ Specific Plan, dwcllin8 c. approximately 568 "Medium 2" dcnsi~, as definexi in Lhe Specific Plan, dwelling d. 8pproximaMly :300 "Hish" a,q~,!t~, as defined in the Specific Phn. dw,~in~ tlM~8. Building and occupancypcrmixs for 20,000 square fee~ of mixed ~se developmcm within thc Village Cenmr. B~a_inS and occupency pcrmits for a priva.tc Village Club facility of approxima~ly 10,000 squa~ fe~ with pool and madoor facilities on approximately 2.S acres. Permits for the construction ofe lake of approxima~ly 8 acres. Build and occupy d~e villago club, dwelling units and mixcd uso dcvolopmen~ in eccor~,,,r¢ with tho Design Guidclincs set forth in Section 10 of thc Specific Plan tho Developmcm S~andarcls set fmxh in Section 11 of the Specific Plan. Transfer dwe!!ing traits between pt_,,,,,ing Areas, and vary the inmnsizy of developmcul within a Planning Area, in accordance with Section 12.7 of the Specific Plan. WINCHESTER PROPERTY - Thc vested dgh~ afford~ by thc AS~eemenI inclml~, W~lhOl~! !!mil~liol~ lh~ Ii~ll lo tho fOliow~g: nuildins and occupancy pcrmiLs for thc development of 112.S acres of Scrvicc Comm£'~cial a! floor mca ratio ran~ of.3 To 1.$. Build ~,d occupy thc service co.mmcrcial dcvolupmen~ in accordanco with the Design Cnddelincs sat forth in Section 10 ofth~ Specific Plan ~_nd thc Dcvelopmen! Svandards set forth in Section 11 of the Specific Plan. ATTACHMENT 9 HARVESTON DEVELOPMENT AGREEMENT Grant Deed for the Interchange Improvement Area Being Drafted ATTACHMENT 10 HARVESTON DEVELOPMENT AGREEMENT