99-1116_NEELY, JERRY W. & NANCY C._Development AgreementdwM
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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
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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.
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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
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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.
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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
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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
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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
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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
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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)
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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 -
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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.
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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)
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EXHIBIT "B-2"
TABLE 3-1
DEVELOPMENT STANDARDS
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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
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