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99-1116_NEELY, JERRY W. & NANCY C._Development AgreementdwM d W RO W vLVW N C WA A H V W ~ W RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: City Clerk Recorded in thetunty of Orange, California Gary L Granville, Clerk/Recorder No Fee 20000055503 3:49PM 02/01/00 004 00068583 114 18 003 16 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Doc Types: 003 SPACE ABOVE THIS LINE FOR DEVELOPMENT AGREEMENT by and between CITY OF SAN JUAN CAPISTRANO and JERRY W. and NANCY C. NEELY as Trustees of the Neely Family Trust of March 3, 1989 OFFICE) 0 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the attached is a true and correct copy of the Development Agreement between the City of San Juan Capistrano and Jerry W. and Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989, which was approved by Ordinance No. 842, adopted by the City Council of the City of San Juan Capistrano on November 16, 1999. SEAL) CAY'. Cheryl Johnso ity Jerk San Juan Capistrano, California DATED: This 11th day of January, 2000. DEVELOPMENT AGREEMENT This Development Agreement is made this JlPh day of 1999, by and between the City of San Juan Capistrano (hereinafter "City"), and Jerry W. And Nancy C. Neely, as Trustees of the Neely Family Trust of March 3, 1989 (hereinafter collectively referred to as "Property Owner"). RECITALS: WHEREAS, Property Owner is the legal and/or equitable owner of approximately 19.93 acres of real property ("the Property") located within the City of San Juan Capistrano, described as Assessor's Parcel Nos. 675-331-18, 675-331-19, 675-331-20, 675-341-6, 675-341-7 and as set forth in the Locational Map, marked as Exhibit "A", attached and incorporated herein by reference; and WHEREAS, Property Owner desires to enter into a Development Agreement with City pursuant to the provisions of Government Code Sections 65864, et seq.; and WHEREAS, City finds that a Development Agreement, if implemented for the Property, would promote the health, welfare, and safety of the community by (a) providing certainty to the community and Property Owner as to the scope of residential development potential for the Property, (b) receiving assurances from Property Owner as to City legal exposures from landslide activity in and about the Property, and (c) receiving Property Owner's cooperation at no cost to City with regard to the provision of public improvements for the benefit of all residents of McCracken Hill; NOW, THEREFORE, CITY AND PROPERTY OWNER mutually agree as follows: Section 1. Legal Authority. Intent. and Purpose. This Development Agreement is implemented pursuant to Government Code sections 65864, et seq., which authorizes the City to enter into development agreements with any person having a legal or equitable interest in real propeity for the development of such property in order to provide assurance to the applicant for a development project that, upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, subject to conditions of approval. City believes that it is appropriate to enter into a Development Agreement pursuant to the above-stated Development Agreement legislation for the Property to ensure that the residential land uses and density levels as presently authorized under existing City zoning for the Property will constitute the basic land use standards against which any residential subdivision map application is subsequently submitted to City by Property Owner or its successors in interest, all in consideration for certain assurances and commitments by Property Owner as more particularly set forth in this Agreement. Section 2. Term of Development Agreement. The term of this Development Agreement shall be for a period of twenty (20) years. c:\wpwin60\wpdocs\agree\neely.agr -1- 08/13/99 Section 3. Relationshipoff Pro er y Owner to Properly. Property Owner owns in fee, or otherwise retains a legal or equitable interest in, the Property. Property Owner, or successors to Property Owner, during the term of this Agreement desire to submit a residential subdivision plan consistent with the existing City municipal code zoning requirements relating to use, lot restrictions, density levels, and other related land use restrictions for this Property. Section 4. Environmental Review. On November 16, 1999, the City Council approved and certified as complete a Negative Declaration for this Development Agreement. Section 5. Vesting of Development Rights. a) Zoning for the Property. Pursuant to Government Code section 65866, Property Owner or its successors in interest shall have the right during the term of this Agreement to develop the subject Property consistent with the residential land uses and density levels as presently authorized under San Juan Municipal Code sections 9-3.404 and 9-3.424. Said code sections are attached as Exhibits B-1 and B-2. b) Fees. Developer Fees presently adopted by the City shall apply to an specific development plan subsequently submitted to City for review during the life of this agreement. c) Scope of Vesting. At some future date and prior to this Agreement's termination date, Property Owner, or a successor in interest, plans to submit a specific residential subdivision map for development of the Property, which Property Owner agrees and understands must be consistent with the zoning regulations set forth in this section of this Agreement. Accordingly, Property Owner agrees and understands that any subdivision map drawing prepared for discussion purposes during the course of the review and approval of this Agreement shall not create a vested property right. Rather, the vesting of development rights under this Agreement is limited to the provisions of subsections (a) and b) of this section. Property Owner may file a vesting tentative map as that term is used in Government Code Section 66498.1, gi sig., any time prior to the expiration of this Development Agreement. The rights that shall vest under the vesting map shall be consistent with the rights vested under this Agreement and shall remain vested for the entire term of the map as provided in the Government Code, and the term may extend beyond the expiration of this Development Agreement. Section 6. Pro er y Owner Obligations. a) Waiver and Release. In consideration of the mutual covenants set forth in this Agreement, Property Owner expressly releases and discharges City, its elected and appointed officials and employees from all claims and causes of action that Property c:\wpwin60\wpdocs\agree\neely.agr -2- 08/13/99 Owner ever had, now have, or may have in the future, known or unknown, or that any person claiming through Property Owner may have or claim to have against City by or arising out of the landslide that occurred on Property Owner's property on May 1, 1998. Property Owner voluntarily and knowingly executes this release with the express intention of effecting the legal consequences provided in Civil Code section 1541, that is, the extinguishment of obligations as set forth herein. Section 7. Consistency Finding. By approving and executing this Agieement, the City finds that its provisions are consistent with and in the furtherance of the City's General Plan and with City's zoning regulations, and City further finds and determines that execution of this Agreement is in the bests interests of the public health, safety and general welfare of the City's present and future residents, property owners and taxpayers. Section 8. Riaht of Assignment. The rights and obligations of Property Owner under this Agreement may be assigned in writing in whole or in part of an assignment of all or a portion of the Property. Any assignment shall be subject to the provisions of this Agreement. Section 9. Amendment or Cancellation of Agreement. This Agreement may be extended, canceled or amended from time to time by the mutual consent of the Parties, but only in the manner provided by Government Code sections 65864, et seq. Section 10. Rights of Entry. a) Property Owner agrees, upon receipt of 5 days' notice to allow a right of entry to City or its designees for the purpose of constructing the roadway improvements, utilities, and other infrastructure an Owner's Property. Owner waives any right to monetary compensation for the right of entry and easements. The City agrees to maintain any public easement area. b) Property Owner agrees to make a charitable donation to the City of the right of way for a 56 -foot wide public street to the extent it is located in Owner's Property. Owner further agrees to allow slope grading to establish such street on Owner's Property. Property Owner waives any right to monetary compensation for this charitable donation. Section 11. Annual Review of Agreement. City shall conduct an annual review of Property Owner's compliance with this Development Agreement pursuant to Government Code section 65865.1. c:\wpwm60\wpdocs\agfee\neely. agr -3- 08/13/99 City's failure to review at least annually Owner's compliance with the terms and conditions of this Agreement shall not constitute or be asserted by City as an Owner default. Section 12. Default. In the event of a default by either Party, the one Party shall give the other Party a thirty (30) days' written notice to cure the default. The notice shall specify in reasonable detail the nature and extent of the default. If the default is not cured by the Party within the 30 day period, or additional period as may be granted by the non -defaulting Party, then both parties shall first meet and confer for a period of at least thirty (30) days before any judicial enforcement action is brought by any Party. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Section 13. Encumbrances. Property Owner may, at its sole discretion and without agreement of City, encumber the Property or any portion of the Property, excepting any easement area to be deeded to City, or any improvement to the Property through any encumbrance vehicle. Section 14. Successors and Assigns. This Development Agreement shall be bind;-ig upon, and the benefits of the Agreement inure to, all successors -in -interest and assigns of the Parties hereto. Section 15. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. Section 16. Notices. All notices, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either Party to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, postage prepaid, and addressed to the respective parties at their addresses set forth below: To City: City of San Juan Capistrano Attn: George Scarborough, City Manager 32400 Paseo Adelanto San Juan Capistrano, CA 92675 c.\wpwin60\wpdocs\agree\neely agr -4- 08/13/99 To Owner: Jerry W. and Nancy C. Neely, Trustees of Neely Family Trust P. O. Box 507 San Juan Capistrano, CA 92675 Section 17. Entire Agreement. This Agreement constitutes the entire understanding and agreement between the parties and supersedes all previous negotiations between them pertaining to the subject matter thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: c cr 1, Cheryl Johnsco, -Cio Clerk APPROVED AS TO FORM: John R/ Shaw, City Attorney 6 0 Property Owner CAPISTRANO c:\wpwin60\wpdocs\agree\neely.agr -5- 08/13/99 EXHIBIT "A" LEGAL DESCRIPTION FOR DEVELOPMENT AGREEMENT IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, DESCRIBED AS FOLLOWS: That portion of the Rancho Boca De La Playa, as shown on a map filed June 29, 1897 in Book 4, Page 118 and 119, of patents, records of Los Angeles County, California, described as follows: PARCEL A-1 Commencing at the intersection of the Northeasterly line of that certain parcel of land described as Parcel 8 in the deed recorded October 6, 1930 in Book 428, Page 75 of Official Records, with the centerline of the California State Highway (100 feet wide) as described in the Quitclaim Deed recorded December 29, 1944, in Book 1287, Page 462 of Official Records; thence South 35°49'02" West along the centerline of said highway, 341.93 feet; thence leaving said highway, South 20°44' East 432.01 feet to the most Southerly corner of the tract of 10.575 acres conveyed by Marco F. Forster and wife to Clarence R. Brown, by deed dated October 21, 1947, and recorded December 30, 1947, in Book 1604, Page 411 of Official Records; thence North 47°34'20" East along the Southerly line of said land conveyed to Brown, 119.84 feet; thence continuing along said Southerly line and its Easterly extension, South 76°24'40" East 876.08 feet to a point in the Southwesterly line of Parcel 2 described in said deed to Brown, said point also being the True Point of Beginning of the property herein described, said point also being the Northeasterly corner of the 14.773 acre parcel shown on a map filed in Book 21, Page 41, of Record of Surveys in the office of the County Recorder of Orange County, California; thence from said true point of beginning along the Southwesterly and Westerly lines of Parcel 2 described in said deed to Brown, South 76°24'40" East 291.57 feet; thence South 25°51'40" Fast 222.39; thence South 5°07'40" East 597.47 feet; thence leaving the Westerly line of Parcel 2 described in said deed to Brown and running South 49050'20" West 100 feet; thence October 21, 1999 Page 1 of 3 W.O. 1890-14196X H&A Legal No. 4827 Prepared By: R. Williams Uk'd By: V. Edge /th North 67°30'20" West 617.44 feet to the most Southeasterly corner of said 14.773 acre parcel; thence North 17°08'00" East 723.89 feet to the True Point of Beginning. EXCEPTING THEREFROM the following: Beginning of the most Easterly corner of Parcel 1 as described in the deed to Wendell K. McCracken and others, recorded December 30, 1947, in Book 1603, Page 298, of Official Records; thence South 49059'20" West 100 feet; thence North 67°30'20" West 340.26 feet; thence North 7°41'20" East 9.92 feet; thence South 74°14'40" East 10.11 feet to the true point of beginning; thence continuing South 74°14'40" West 98.37 feet; thence North 15°45'20" East 154.65 feet; thence North 74014'40" West 99.65 feet; thence South 15045'20" West 145.62 feet; thence South 7°41'20" West 9.12 feet to the True Point of Beginning. PARCEL B-1 That portion of the lands of Forster as shown on a map filed in Book 4, Page 15 of records of Surveys in the Office of the County Recorder of Orange County, California, described as follows: Parcel 6, 7, 8, 12 and 13, as shown on a record of Survey Map filed in Book 49, Page 24 of records of Surveys, in the office of the County Recorder of said Orange County. PARCEL B-4 That portion of the lands of Forster, as shown on a map filed in Book 4, Page 15, of Records of Survey in the office of the County Recorder of Orange County, California, described as follows: Beginning at the Northerly corner of the land described in Parcel 4 in deed to Jerry W. Neely and wife, recorded September 5, 1972, in Book 10309, Page 360, of Official Records of said Orange County; thence along the Westerly boundary of said Parcel 4, South 01°11'27" East 133.48 feet and South 29050'53" East 114.93 feet; thence South 79°45'29" West 15.00 feet; thence South 38.00 feet; thence South 33023'00" West 36.00 feet; thence South 68°23'00" West 39.00 feet; thence South 87°24'28" West 253.99 feet to the Easterly boundary of the land October 25, 1999 Page 2 of 3 W.O. 1890-14196X H&A Legal No. 4827 Prepared By: R. Williams Ck'd By: V. Edge /th 0 • described in Parcel 1 in deed to Wendell K. McCracken and wife, recorder October 19, 1953, in Book 2595, Page 374, of Official Records; thence along said Easterly boundary and the Southeasterly boundary of the land described in Parcel I in deed to Wendell K. McCracken and wife recorded May 7, 1951 in Book 2185, Page 49, of official Records North 17°51'20" East 165.42 feet to the beginning of a tangent curve concave Southeasterly having a radius of 149.90 feet; Northeasterly along said curve through a central angel of 36°48'51" an arc distance of 96.32 feet; tangent to said curve North 54°40'11" East 91.28 feet; and North 62038'41" East 93.90 feet to the Point of Beginning. PARCEL D Beginning at the most Southerly corner of Parcel 13 as shown on the record of Survey Map recorded in Book 49, Page 24, of Record of Surveys, in the office of the County Recorder of said Orange County, California; thence North 59°19'20" West 167.89 feet along the Southwesterly boundary of said Parcel 13; thence South 1°09'20" East 133.47 feet; thence South 29°54'20" East 114.93 feet; thence North 79°42'40" East 62.64 feet; thence North 9°03'50" West 70.39 feet; thence North 26°54'40" East 74.81 feet to the Point of Beginning. As more particularly shown on Exhibit "B" attached hereto and made a part hereof Rory S. tlliams, L.S. No. 6654 License Expires: December 31, 1999 Rory S. Williams Exp. 72131/99 No. 6654 / OF October 25, 1999 Page 3 of 3 W.O. 1890-14196X H&A Legal No. 4827 Prepared By: R. Williams Ck'd By: V. Edge /th w q iR cd cl tit; M xt cli cl: U N A4 0 0 EXHIBIT "B-1" Sec. 9-3.404. Small Estate (ES) District. a) Purpose and intent. The purpose and intent of the Small Estate (ES) District is to: 1) Provide for the establishment of residen- tial areas of low density, located and maintained in accordance with the General Plan; and 2) Regulate such areas in order to preserve and perpetuate a spacious, low-density residen- tial character. b) Principal uses and structures permitted. The following principal uses and structures shall be permitted in the Small Estate (ES) District: 1) Dwellings, single-family detached; 2) Parks, public and private; 3) Single-family dwellings, standard wood frame construction on-site, subject to the provi- sions of subsection (11) of subsection (b) of Sec- tion 9-3.424 of this article; 4) Mobile homes and modular homes on a permanent foundation system if the Planning Commission determines that the lot proposed is compatible for such use. Both shall be subject to the provisions of subsection (11) of subsection b) of Section 9-3.424 of this article; and 5) Family care homes. c) Accessory uses and structures permitted. The following accessory uses and structures shall be permitted in the Small Estate (ES) District: I) Home occupations as set forth in Section 9-3.611 of Article 6 of this chapter, 2) The keeping of horses, noncommercial, as Set forth in Section 9-3.620 of Article 6 of this chapter, 3) Recreation and community centers, non- commercial, public and private, provided that tennis courts and other outdoor recreational uses within such centers conform to the requirements of Sections 9-3.607 and 9-3.614 of Article 6 of this chapter. The outdoor night lighting of tennis courts and other recreational uses shall not be permitted unless a conditional use permit is approved by the City; 4) Accessory uses and structures incidental to the operation of a permitted use; and 5) A temporary caretaker residence during the construction of a permanent single-family residence on an individual lot in accordance with the provisions of Section 9-3.612 of Article 6 of this chapter. d) Conditional uses and structures permit- ted. The following uses and structures may be permitted in the Small Estate (ES) District sub- ject to the approval of a conditional use permit: 1) Apiaries; 2) Child day care centers; 3) Kennels, noncommercial, as set forth in Section 9-3.619 of Article 6 of this chapter, 4) Small animal raising, noncommercial, in conjunction with the residential use of a lot, wherein the lot size is greater than 15,000 square feet. Permitted species shall include rabbits, chickens, and animals of similar size. Animal slaughtering or commercial animal raising or breeding shall be prohibited; 5) Tennis courts and other outdoor recrea- tional uses on individual residential lots pro- vided the requirements of Sections 9-3.607 and 9-3.614 of Article 6 of this chapter are met. The outdoor night lighting of such tennis courts or other recreational uses shall not be permitted unless included within the conditional use per- mit approval; and 6) Residential care facilities. e) Development standards. The yard (set- back) requirements, minimum lot sizes, mini- mum street frontage, and related standards for the Small Estate (ES) District shall be as set forth in Section 9-3.424 of this article. fl Supplementary district regulations. For sign, parking, fence, swimming pool, and similar regulations for the Small Estate (ES) District, see Article 6 of this chapter. (§ 3.4.4, Ord. 293, as amended by § 2, Ord. 409, eff. August 1, 1980, § 2, Ord. 433, eff: October 15, 1981, § 2, Ord. 453, rff. May 20, 1982, § 2 D and E, Ord. 462, eff. July 15, 1982, § 2 B, Ord. 476, elf. [November 20. 1982, and § 2 B, Ord. 549. eff. September 19, 1985) c /wpwin60AwpdocsVagreeAneely agr -8- 07/28/99 0 0 EXHIBIT "B-2" Sec. 9-3.424. Development standards. Districts) shall be located a minimum of three (3) a) Except as otherwise provided in subsection feet from any side yard property line, unless estab- b) of this section, the development standards for the lished by Planning Commission as a joint drivewaydistrictsestablishedbysubsection (a) of Section during discretionary review per Section 9-3.301. 9-3.101 of Article 1 of this chapter shall be as set 6) Minimum lot size. In the Garden Home (RD) out in Table 3-1. single-family attached units arejoined b) The following modifications, exceptions, and bDistrictwhere yacbyacommon wall and each dwelling occupies its explanations shall apply to the development Stan- own lo[, the minimum lo[ size for each dwellingdardssetforthinsubsection (a) of this section: unit shall square fee[. 1) Basic requirements. The development Stan- 7) Openn sppaceace subdivisions. The City wishes [odardssetforththebasicrequirementsforthedis- encourage the provisions of neighborhood amenities, tricts identified. More restrictive limitations may be such as landscaped common areas, recreation facili- imposed in any particular geographic area pursuant ties, and neighborhood parks, for new residential to the provisions of Section 9-3.302 of Article 3 of developments within the Single -Family (RS) and this chapter. Garden Home (RD) Districts. To this end, the re - 2) Open patios. In the General Agricultural quired lo[ sizes within such districts may be reducedAG), Small Farm (RA), Large Estate (EL), Small to a minimum of 5,000 square feet provided the Estate (ES), Single -Family (RS), Garden Home following conditions are met: RD), and Multiple -Family (RM) Districts, open i) Conditional use permits. conditional use patios may extend up to a minimum of five (5') feet permit shall be approved for projects utilizing suchfromrearpropertylinespursuanttoSection9-3.607 reduced lot sizes prior to the approval of a tentative of Article 6 of this chapter. map for the subdivision. 3) Open areas. Open areas shall meet the fol- ii) Allocations of reduced lot size space. A mini- lowing criteria: mum of fifty (50) percent of the area savings from i) Open areas shall be defined as land area not the reduction in lot size below the standard 10,000 devoted to or covered by structures or any area square foot minimum shall be allocated for a private serving motor vehicles (such as parking areas, load- neighborhood park. Such neighborhood park shall ing areas, driveways, streets or alleys), and not part be constructed by the subdivider in accordance with of any required perimeter buffer yard; the development plans approved by the City in ii) Areas not a part of a manufactured or altered conjunction with development review. slope having a ratio of steeper than three to one iii) Park facilities. Neighborhood parks provided 3:1); within open space subdivisions shall include outdoor iii) Areas with a minimum width of ten (10) feet recreation facilities for the residents of the develop - and a minimum contiguous area of 300 square feet; ment. Such facilities may consist of tennis courts, 4) Side yards. The minimum side yards in the swimming pools and cabanas, volleyball courts, Single -Family (RS) and Garden Home (RD) Dis- open playing fields, children's play equipment, and tricts may be reduced to zero when attached or similar facilities. zero -lot line units are to he constructed. iv) Homeowners' associations. A homeowners' 5) Setbacks. association shall be created to maintain all the recre- i) The criteria for measuring setbacks on ational facilities and landscaping and to assume irregularly-shaped and cul-de-sac lots are set forth other responsibilities as appropriate. The organiza- In Section 9-4.1 14 of Article I, Chapter 4 of this tion, legal authority, duties, and obligations for such Titic. homeowners' association shall be set forth in a set ii) All driveways for single-family detached units of Codes, Covenants, and Restrictions (CC&Rs) to including manufactured units (EL, ES. RS, and RD be approved by the Planning Commission and re - c Awpwin50AwpdocsVagreeAneeiy agr -9- 07/28199 EXHIBIT "B-2" corded with the final tract map. Such CC&Rs shall incorporate provisions for the City to take over or otherwise provide for the maintenance of all the recreational facilities, landscaping, and common areas should the City determine that adequate main- tenance is not being performed. v) Development review. Proposed open space subdivisions shall be subject to development review as set forth in Section 9-2.305 of Article 3 of Chap- ter 2 of this title. Plans required for the review of such projects shall include: aa) Site, plot, or development plans; ab) Grading plans: ac) Landscaping plans; ad) Building elevations; and ae) Architectural detail plans, such as for trash areas, private street signs, and similar items. vi) Recreational vehicle parking. Recreational vehicle parking shall be provided as set forth in subsection (2) of subsection (g) of Section 9-3.602 of Article 6 of this chapter. vii) Density. The density permitted in any dis- trict shall not exceed the limits set forth in the Gen- eral Plan. 8) Lots with below minimum street frontages. Lots with street frontages below the minimum set forth in Table 3-1 of this section may be permitted without the approval of a variance if all of the fol- lowing conditions are met: i) The lot's street frontage remains a minimum of twenty (20) feet; ii) The lot is designed such that the reduced width portion constitutes an access corridor to the buildable porion, which is set back away from the street: iii) The minimum width of the buildable portion of the lot conforms to the requirements of Table 3-1 of this section; and iv) The Planning Commission determines that adequate visitor parking will be provided on the lot to compensate for the loss of street frontage parking. The actual creation of reduced frontage lots shall be subject to normal City approval of required tract or parcel maps. The reduced frontage portion of such lots shall not be included in the computation of lot area (see Section 9-4.114 of Article I of Chapter 4 of this title). 0 9) Building setback encroachments into required rear yards. On lots with an existing building setback encroachment into a required yard, structural addi- tions having the same said encroachments shall be permitted without the approval of a variance. How- ever, no new encroachment in excess of that exist- ing, nor any new encroachment may be permitted without the approval of a variance (see Section 9-1.305 of Article 3 of Chapter I of this Title). 10) Architectural projections exceeding maxi- mum height limitations of Public and Institutional IP) District. The Placating Commission may ap- prove architectural projections (spires, towers, and the like) to exceed the maximum height limitations of the Public and Institutional (IP) District during the consideration of specific development plans. The consideration of allowing the architectural projection shall require the Planning Commission to review the development plans to insure that the following de- sign objectives are present: i) The architectural projection is consistent with the proposed design theme. ii) The architectural projection is in scale with the mass of the building. iii) The architectural projection shall have a reference to the historical treatment of such elements and the proposed use of the building. iv) The square footage area of the architectural projection should not encompass more than one percent of the total building area. v) In no instance shall the architectural projec- tion have a sign or other attracting device installed on its face. vi) The architectural projection shall not include habitable square footage. 11) Single-family development standards. In all districts where single-family dwellings (site -built, modular, or mobile home) are permitted, such dwellings shall be subject to the development stan- dards for that district as well as the following re- gairements: i) The minimum width shall be twenty (20) feet outside dimension measured to the building Line. For the purposes of this section, the width shall be dis- tinguished from the length of the building as the dimension having the lesser measurement. c Awpwin50AwpdocsVagreeAneely agr 07/28/99 0 • EXHIBIT T-2" it) The exterior sides shall be covered with wood, stucco, masonry, or other material of similar texture and durability. Metal siding shall not be permitted. iii) The roof material shall be wood shingle or shake, slate, tile, or other material of similar appear- ance, texture, substance, and durability. Rock, as- phalt, shingle, and metal roofs shall be discouraged. iv) Roof eaves and gables shall be no less than twelve (12) inches, measured from the vertical side of the unit, unless otherwise approved by the Plan- ning Commission. v) Exterior colors which blend the structure into the surrounding landscape shall be encouraged (e.g., browns, siennas, and grays). Bright or garish colors shall be discouraged. The preceding criteria shall he administered by the City body which is responsible for reviewing residential projects or custom homes prior to plan check. In the case of mobile homes and modular homes, the Planning Commission shall use such criteria to assist in its determination of the compati- bility of the proposed lot for such use. 12) Maximum building height. In accordance with the Land Use and Community Design Elements of the General Plan, the City wishes to encourage the development of structures which fit into the existing landform. To this end, the height of exterior walls shall be regulated as follows: i) Residential structures shall be limited to twenty-five (25) feet from the finish grade to the top of the wall. On hillside properties, the downhill elevation shall include architectural features a mini- mum of five (5) feet in width (i.e., balconies, over- hangs, coping, etc.) and/or landscaping (i.e., trees, shrubs, etc.) to minimize the visual impacts of the wall surface, as determined by the Director, and ii) All nonresidential structures shall be unfired to a maximum of two (2) stories in height and twenty-five (25) feet from the finish grade to the top of the wall. For the purposes of this section, the top of rhe wall shrill be that point where the will meets a rout or other building element which, in the judgment of the Envirorunental Review Board, defines the ctfec five vertical wall plane. In the case of a _.tabic -end roof, the top of the wall shall be a line connecting the two (2) points which define the tops of the adjoining walls (see Figure 3A). 13) Architectural projections into side yards. Architectural projections may extend into required side yards no more than forty (40) percent of the applicable district requirement, or more than three 3) feet whichever is greater. Exceptions to these standards may be granted by the Planning Commis- sion in accordance with Section 9-2.304. Exceptions to the standards set forth in this sub- section may be granted, subject to the criteria set forth in Section 9-2.303 of Article 3 of Chapter 2 of this title. In addition, exceptions to the maximum building height may be granted. The maximum height which can be reviewed as an exception is the building height as measured from the averaee finish grade. Projects in excess of the height limit as mea- sured from the average finish grade shall require the review of a zone variance. agate t® PWV= u ion of WILL frlrtZN rX&VE 3.4.24, Ord. 293, as amended by § 2, Ord. 387, 2 B, Ord. 419, § 2 C, Ord. 433, eff. October 15, 1981, § 2 C, Ord. 506, eff. April 5, 1984, § 2 D, Ord. 512, eff. July 19, 1984, § 2, Ord. 628, § 8, Ord. 677, § 2. Ord. 754, § 2, Ord. 770, and § 2B, Ord. 824, eff. October 10. 1998) Awpwin'inAwpdocsVagreeAneely agr -11- 07/28/99 EXHIBIT "B-2" TABLE 3-1 DEVELOPMENT STANDARDS c IWpwmWwpdocs\agreelneely agr2- 07/28/99 Minim® Minimum Minimae Minimum Minimum Mirrtmum Percentage Maximum Lot Street Frost Side Rear of Open Height of District Size Frontage Yards Yards Yards Area Staactum AG General Agricultural 5 az 200 50 20 50 N/A 35•• RA Small Farm 211 ac 150 30 20 25 N/A 35• EL large Estate 1 az 150 30 20 25 N/A 35-- 5" ESES SnmO Eau- 20000 N. ft 90 30 10 25 N/A 35" RS Singic-Family 10,000' sq. ft 60 20 10 25 30 35" RD Garden Nome 10.000 - sq. ft 50 20 to 20 ZS 35'• RM Multiple -Family 1 w I50 30 20 20 25 35" MHP Mobile Nona See Secuoo 9-1408 of this steed. PRD Planned Resideodal Developr.m 5 . See Section 9-3.409 of this article 40 PC Planned Co musumty See Secuon 9-3.410 of Nis article CT Toaist Co al 7.200 N, R 60 0 0 0 N/A 25" CO Offs. C..s] 7.200 sq. It 60 20 5 25 20 35" CN Ndghborhood Comr.rciat 7.200 N, ft 100 20 20 20 N/A 35'• CG Gemal Conu.rval 7,200 N. ft 60 20 5 25 N/A 35•• CM Cormmual Mmufacnolog 7.200 q, f, 60 0 5 25 N/A 31" MG Genal lodamal 15,000 sl. m 100 20 10 20 N/A 35^ MP lodamal Pah 15.000 sq. ft 100 m 10 20 15 35" IP Pubhc sod lmoatiooel 200 sq. h 60 20 5 25 30 350- 5^ PRPR Pd wr R oo 1200. W ft W 20 5 25 60 35" OR Open Space Recreation 7,200 q ft 60 CO 5 25 90 35' OS Opeo Spa. Pmsmmoo 711 sq tL 60 0 5 25 90 35' SP Spresal (Pmaee Plan) Pcr Preuss Plao or Sesuoo 9-622 of dtis arnde GM G,WN Maozg<mem 5 az 200 50 20 50 N/A 35— SWF Sohd Warm Pcr General Development Plan or Precise Pim Faahry Zo. See subucoao N) of Section 9-3 423 See subsec000 12) of wbss000 Ib/ of Sewoo 9-3 424 for adN000al hnght msmc000s c IWpwmWwpdocs\agreelneely agr2- 07/28/99