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HomeMy WebLinkAboutAgenda - Agenda Packets - Regular Meeting 10/1/2013AGENDA JOINT REGULAR MEETING OF SAN JACINTO CITY COUNCIL AND SUCCESSOR AGENCY TO CITY OF SAN JACINTO REDEVELOPMENT AGENCY October 1, 2013, 6:30 p.m. 625 South Pico Avenue San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order 1.2 Roll Call 1.3 Invocation 1.4 Pledge of Allegiance 1.5 Special Presentations 1.5.1 Proclamation Recognizing San Jacinto as a "Purple Heart City" 1.5.2 Presentation to Assistance League 1.6 Late Items 2. PUBLIC COMMENTS Now is time for public to address Council on any subject within jurisdiction of City Council not listed on agenda. A limitation of three (3) minutes shall be set for each person desiring to address City Council. 2.1 City Manager's Report on previous month's public comments 3. JOINT CONSENT CALENDARS (SECTIONS 3A AND 3B) matters listed under Consent Calendars are considered routine and will be enacted by one motion by City Council Members in form listed. re will be no separate discussion on se items prior to motion unless members of City Council, staff or public requests a specified item be removed and/or discussed. If an item is pulled, it will be heard after balance of Consent Calendar has been voted on. 3A CONSENT CALENDAR - CITY COUNCIL 3A.1 Continuance of Proclamation of Local State of Emergency due to Severe Winter Storms that began on December 17, 2010 / Approve / City Clerk, City Attorney City Council Agenda October 1, 2013 Page 2 of 3 3A.2 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.3 Minutes of September 17, 2013 - Regular Meeting / Approve / City Clerk 3B CONSENT CALENDAR - REDEVELOPMENT AGENCY 4. PUBLIC HEARING 4.1 First Reading of Ordinance No. 13-05, Adopting Development Agreement No. 1-13 between City of San Jacinto and Curci San Jacinto Investors, LLC / Approve / Interim Planning Director 5. STAFF REPORTS At end of scheduled City Department items, anyone wishing to discuss a consent calendar item should come forward upon invitation of Mayor, state irname, address, and consent calendar item number pulled. Speakers should limit comments to three (3) minutes. 5.1 Presentation on Bay Delta Conservation Plan Update / Discuss and Provide Possible Direction / City Clerk 5.2 Proposed Five -Points Intersection Roundabout / Discuss and Provide Possible Direction / Development Director, City Engineer 6. MAYOR/COUNCIL MEMBER REPORTS/DISCUSSIONS 7. CLOSED SESSION 7A CLOSED SESSION - CITY COUNCIL 7A.1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: USA vs. San Jacinto 7A.2 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: Bilal-Varney, Rajeeyah, et al. v. City of San Jacinto 7A.3 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: Superior Healing Solutions vs. San Jacinto 7B CLOSED SESSION - REDEVELOPMENT AGENCY City Council Agenda October 1, 2013 Page 3 of 3 8. ADJOURNMENT If you challenge any action of City Council in court, you may be limited to raising only those issues you or someone else raised at public hearing described in this notice, or in written correspondence delivered to City Council (c/o City Clerk) at, or prior to, public hearing. CHALLENGE TO LAND USE DECISIONS: Any person seeking to challenge a decision regarding land use made by City Council as a result of a proceeding in which by law a hearing is required to be given, shall be required to commence that action 90 days following date on which decision of City Council becomes final as provided in Code of Civil Procedure Section 1094.6. Please refer to Code of Civil Procedure Section 1094.6 to determine how to calculate when a decision becomes final. It is intention of City of San Jacinto to comply with Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, City will attempt to accommodate you in every reasonable manner. Please contact City Hall at (951) 537-6358, at least 48 hours prior to meeting to inform us of your particular needs and to determine if accommodation is feasible. Any writing related to an agenda item for an open session of a regular meeting of City Council that is distributed less than 72 hours prior to meeting will be made available for public inspection at City Clerk's office, located at 595 South San Jacinto Avenue, San Jacinto, California, and at regular meeting location - City of San Jacinto Community Center, 625 South Pico Avenue, San Jacinto, California - at time writing is distributed to a majority of City Council DOCUMENTS RELATED TO OPEN SESSION AGENDAS (SB 343) -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to meeting is available for public inspection at public counter located in Administration Building of City Hall, 595 S San Jacinto Avenue, San Jacinto, CA 92583 I, Richard 914i17 r, City CCerkof City of San Jacinto, do here6y cent f that I caused to 6e postedforegoing agenda this 26th Day of Septem6er, 2013, as required 6y law. 1Richard Mif&er, City C&rk AGENDA ITEM 3A.1 October 1, 2013 TO: The Honorable Mayor and Members of the City Council FROM: Tim Hults, City Manager SUBJECT: Continuance of the Proclamation of the Local State of Emergency due to the Severe Winter Storms that began on December 17, 2010 RECOMMENDATION: Staff recommends that the City Council, by motion, approve to the continuance of the Proclamation of the Local State of Emergency due to the Severe Winter Storms that began on December 17, 2010. DISCUSSION: On December 22, 2010, the Director of Emergency Services/City Manager proclaimed the existence of a local emergency resulting from the severe and damaging winter storms that began on or about 12:00 a.m. (midnight) on December 17, 2010. Government Code section 8630 requires the City Council to ratify any local emergency proclaimed by a local official such as the Director of Emergency Services/City Manager within seven days. Thereafter, the City Council shall at least once every 30 review the need for continuing the local emergency. ALTERNATIVES: 1) Consent to the continuance of the Proclamation of the Local State of Emergency (Staff Recommendation). 2) Do Not Consent to the continuance. FISCAL IMPACT: The City's ability to obtain or continue to receive federal, state or regional disaster/emergency relief funding may be impacted if the City Council does not Consent to continue the proclamation of the local state of emergency. Substantial budgetary impacts are apparent for recovery efforts to include substantial employee overtime salaries; purchases of materials, supplies and equipment; use of private contractors/force labor; and other repairs to city right-of-way facilities (Preliminary estimates range from thirty five to fifty thousand dollars). Budgetary assistance and PACKET PAGE: 1 AGENDA ITEM 3A.1 reimbursement is available from Federal Emergency Management Agency (F.E.M.A.) for related costs for limited recovery efforts to critical infrastructure including: electrical, power, telecommunications, water supply, public safety, and transportation. ATTACHMENTS: • Copy of Resolution Number 3352 PACKET PAGE: 2 AGENDA ITEM 3A.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO RESOLUTION NO. 3352 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO CONFIRMING THE CITY MANAGER/DIRECTOR OF EMERGENCY SERVICES, PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY WHEREAS, section 2.36.060(A)(1) of the San Jacinto Municipal Code empowers the Director of Emergency Services/City Manager to proclaim a local emergency if the City Council is not in session and requires that the City Council shall take action to ratify the proclamation within seven days thereafter; and WHEREAS, on December 17, 2010, a series of winter storms began in Southern California, bringing high winds and significant amounts of precipitation statewide, and continued for several days; and WHEREAS, these storms have caused injuries, flooding, and heavy rain throughout Southern California; and WHEREAS, these storms have caused power outages for several thousand customers throughout Southern California; and WHEREAS, homes and other property have been damaged by the severe weather: and WHEREAS, flooding has interfered with transportation throughout Southern California; and WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of San Jacinto, as a result of severe and long lasting rains, which began on or about 12:00 a.m. (midnight) on the 17th day of December, 2010, at which time the City Council of the City of San Jacinto was riot in session; and WHEREAS, these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City of San Jacinto; and WHEREAS, on December 21, 2010, the County of Riverside declared a local emergency; and WHEREAS, the City does hereby find that the above described conditions of extreme peril did warrant and necessitate the proclamation of the existing of a local emergency within the City of San Jacinto; and PACKET PAGE: 3 AGENDA ITEM 3A.1 WHEREAS, the City Council of the City of San Jacinto was not in session on December 22, 2010, and could not immediately be called into session; and WHEREAS, the City Manager acting as the Director of Emergency Services did proclaim the existence of a local emergency within the City of San Jacinto on the 22nd of December 2010. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Jacinto that the Proclamation of Existence of a Local Emergency, as issued by the Director of Emergency Services/City Manager on December 22, 2010, is hereby ratified and confirmed. BE IT FURTHER RESOLVED that the local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of San Jacinto, and that until such time, the City Council shall review, at each of its regularly scheduled meetings until the local emergency is terminated, the need for continuing the local emergency. BE IT FURTHER RESOLVED that City staff is hereby authorized and directed to take any action that may be necessary or convenient to assist in obtaining federal, state or regional disaster./ emergency relief funding. BE IT FURTHER RESOLVED that the City Manager or his designee is hereby designated as the authorized representative of the City of San Jacinto for the purpose of receipt, processing and coordination of all inquiries and requirements necessary to obtain county, state and federal relief assistance, and; BE IT FURTHER RESOLVED that the City Clerk shall forward a copy of this resolution to the Governor, to the State Office of Emergency Services, to the Riverside County Emergency Services Division, and to all other appropriate county, state and federal agencies with an interest therein; and ADOPTED by the City Council of the City of San Jacinto at a special 1 emergency meeting of said Council head on the 28th day of December 2010, by the following vote: Ayes: Bartel, Di Memmo, Ledezma, Miller Nays: None Absent: Kotyuk Abstain: None City of San Jacinto Scott Miller, Mayor 2 PACKET PAGE: 4 AGENDA ITEM 3A.1 ATTEST: Rick Miller, City Clerk APPROVED AS TO FORM: BEST, BEST & KRIEGER LLP Jeifr y . Ballinger, City Attorney 3 PACKET PAGE: 5 AGENDA ITEM 3A.2 October 1, 2013 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk Jeff Ballinger, City Attorney SUBJECT: Waiver of Full Reading of Ordinance(s), and Reading by Title Only RECOMMENDATION: Staff recommends that the City Council, by motion, waive the full reading of any and all ordinances on this meeting's agenda, and authorize their reading by title only. BACKGROUND: Government Code Section 36934 requires that all ordinances shall be read in full either at the time of their introduction or their passage. However, Government Code Section 36934 allows the waiver of this requirement by regular motion adopted by majority vote if the title of the ordinance is read. This waiver can be accomplished at the time of each ordinance action, or as a standing waiver, accomplished as a consent calendar motion. In order to stream -line the process for the passage of ordinances, the City Attorney and staff propose the second option, which is the waiver of any and all ordinances on this agenda. ALTERNATIVES: Approval: Approve the addition of the attached language to all future agendas of the City Council, thus waiving the full reading of all future ordinances. Denial: Do not approve the agenda language and, instead, before the passage of any ordinance and after the reading of its title, make a motion that must be adopted by majority vote that allows a waiver of the full reading. FISCAL IMPACT: None PACKET PAGE: 7 AGENDA ITEM 3A.3 October 1, 2013 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Minutes of September 17, 2013 - Regular Meeting RECOMMENDATION: Staff recommends that the city council, by motion, approve the draft minutes of the September 17, 2013 regular meeting. ATTACHMENTS • Draft Minutes of the September 17, 2013 — Regular Meeting PACKET PAGE: 9 AGENDA ITEM 3A.3 ACTION MINUTES JOINT REGULAR MEETING OF THE SAN JACINTO CITY COUNCIL AND THE SUCCESSOR AGENCY TO THE CITY OF SAN JACINTO REDEVELOPMENT AGENCY September 17, 2013 6:30 p.m. 625 S. Pico Ave San Jacinto Community Center, San Jacinto, CA 92583 1. ORGANIZATION 1.1 Call to Order Mayor Mark Bartel called the regular meeting of the San Jacinto City Council and the successor agency to the City of San Jacinto Redevelopment Agency to order at 6:32 p.m. 1.2 Roll Call Present: Ledezma, Miller, Ruiz, Bartel Absent: Kotyuk Mayor Bartel commented that Council Member Kotyuk would be arriving late. As Council Member Kotyuk had not arrived by the close of the meeting he was excused by general consensus. 1.3 Invocation Council Member Scott Miller gave the invocation. 1.4 Pledge of Allegiance Mayor Pro Tem Alonso Ledezma led the Pledge of Allegiance 1.5 Special Presentations None 2. PUBLIC COMMENTS: None 3. CONSENT CALENDAR 3A CONSENT CALENDAR — CITY COUNCIL PACKET PAGE: 11 AGENDA ITEM 3A.3 Action Minutes September 17, 2013 Page 2 of 4 3A.1 Continuance of Proclamation of Local State of Emergency due to Severe Winter Storms that began on December 17, 2010 / Approve / City Clerk, City Attorney 3A.2 Waiver of Full Reading of Ordinance(s), and Reading by Title Only / Approve / City Clerk, City Attorney 3A.3 Warrants and Disbursements - August 2013 / Approve / Finance Director 3A.4 Minutes of August 20, 2013 - Regular Meeting / Approve / City Clerk 3A.5 Allocation of funding for Ramona Expressway Widening (Eagle to Main) / Approve / City Engineer 3A.6 Approval of Water/Wastewater Job Descriptions / Approve / Water Supervisor 3A.7 Treasurer's Report at July 31, 2013 / Approve / City Treasurer 3A.8 Approve Subdivision Improvement Agreements with Strata Arterra LLC (Tracts 22665 & 22665-1) / Approve / City Manager 3B CONSENT CALENDAR - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO M/S/C (Miller/Ruiz) moved to approve the Consent Calendar. Motion carried 4/0. Ayes: Ledezma, Miller, Ruiz, Bartel Nays: None Absent: Kotyuk Abstain: None 4. PUBLIC HEARING 4.1 General Plan Amendment 1-13: 2013-2021 Housing Element Update / Approve / Interim Planning Director Interim Planning Director Mary Lanier presented the staff report and introduced consultant John Douglas who presented a brief presentation. Mayor Bartel opened the Public Hearing at 6:41 p.m. As there was no one who wished to speak the Public Hearing was closed at 6:41 p.m. PACKET PAGE: 12 AGENDA ITEM 3A.3 September 17, 2013 Page 3 of 4 M/S/C (Miller/Ruiz) moved to approve Item 4.1 as presented as well as complementing Mr. Douglas and staff for all of the hard work that was done to complete the Housing Element. Motion carried 4/0. Ayes: Miller, Ledezma, Ruiz, Bartel Nays: None Absent: Kotyuk Abstain: None 5. STAFF REPORTS Items 5.1 and 5.2 were heard simultaneously. 5.1 Consideration of Approval of a Ratification and Amendment to Loan Agreement (Soboba Springs) Between City of San Jacinto and Former Redevelopment Agency of City of San Jacinto (Dated June 19, 2008) / Approve / Finance Director 5.2 Consideration of Approval of a Ratification and Amendment to Loan Agreement (Soboba Springs) Between City of San Jacinto and Former Redevelopment Agency of City of San Jacinto Dated June 19, 2008) / Approve / Finance Director Finance Director Tom Prill presented the staff report. M/S/C (Miller/Ledezma) to approve Item 5.1 and 5.2 as presented as well as thanking staff for the hard work on the Ratification and Amendment to the Loan Agreement. Motion carried 4/0. Ayes: Miller, Ledezma, Ruiz, Bartel Nays: None Absent: Kotyuk Abstain: None 6. MAYOR / COUNCIL MEMBER REPORTS / DISCUSSIONS The Council Members gave their reports. Mayor Bartel recessed the Regular Meeting of the City Council and adjourned at 6:58 p.m. in honor and memory of the twelve individuals who lost their lives in Washington DC and reconvened in Closed Session for the City Council at 7:02 p.m. PACKET PAGE: 13 AGENDA ITEM 3A.3 Action Minutes September 17, 2013 Page 4 of 4 7A CLOSED SESSION - CITY COUNCIL 7A.1 CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Paragraph (1) of subdivision (d) section 54956.9) Name of case: Tower Investments v. City of San Jacinto (RIC 1206023) There was no reportable action 7B CLOSED SESSION - SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN JACINTO None 8. ADJOURNMENT With no further business before the City Council, the meeting was adjourned at 7:20 p.m. ATTEST: Richard Miller, City Clerk City of San Jacinto Mark Bartel, Mayor Approved as read: Approved as amended: PACKET PAGE: 14 AGENDA ITEM 4.1 October 1, 2013 TO: The Honorable Mayor and Members of the City Council FROM: Mary Lanier, Interim Planning Director SUBJECT: First Reading of Ordinance No. 13-05, Adopting Development Agreement No. 1- 13 between the City of San Jacinto and Curci San Jacinto Investors, LLC RECOMMENDATION: The Planning Commission recommends that the City Council, by motion, introduce Ordinance No. 13-05, approving and adopting Development Agreement No. 1-13. BACKGROUND/PROJECT DESCRIPTION: Curci San Jacinto Investors (Owner) is the owner of three Tentative Tract Maps (TTM), located generally south of Ramona Expressway and along Vernon Avenue. The Maps were approved, but not recorded and have since had extensions of time granted. TTM 33862 Amended No. 1, consisting of 44.77 acres and 98 to 144 single-family residential lots (with potential school site), was approved in 2006. TTM 32582, consisting of 38.6 acres and 192 single-family residential lots, was approved in 2005. TTM 30379, consisting of 46 acres and 180 single- family residential lots, was approved in 2003. Lots sizes range from 6,000 to 7,200 square feet and two parks are included. Due to the recent Recession, the Owner has not been able to record the TTM's or develop the property as envisioned. Since the TTM's were approved a number of years ago, they are approaching their final extensions of time, including State extensions. Therefore, the Owner approached the City to enter into a Development Agreement to extend the life of the TTM's for a period of seven years. The Planning Commission, during their September 12, 2013 Meeting adopted Resolution 13-7 recommending that the City Council approve by ordinance Development Agreement 1-13. A number of residents attended the Public Hearing and had general questions about the Development Agreement with respect to timing of development and staff noted that no changes to the original Tentative Tract Maps would take place, as a result of the Agreement. ENVIRONMENTAL ANALYSIS: The project has been adequately analyzed in earlier adopted mitigated negative declarations for each TTM. And a subsequent mitigated negative declaration is not required, because there are no changed circumstances pursuant to Section 15162. PACKET PAGE: 15 AGENDA ITEM 4.1 DISCUSSION: Pursuant to Section 65864, et. seq., of the California Government Code, the City of San Jacinto is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property. Development Agreement No. 1-13 would allow the Owner to extend the term of the Tentative Tract Maps for a period of seven years to 2020, which would allow additional time for the economy to recover and an opportunity to then record and build out the project. In addition, the Owner has requested that the current Development Impact Fees (DIF) be "locked" in and fee credits be provided. Development Impact Fee credits may be provided for certain improvements, however, no cross -category fee credit or reimbursement may be made. In consideration for the Development Agreement, the City would receive Development Agreement Fees in the amount of: $1,000.00 for any building permit that is applied for on or before the fourth anniversary of the Agreement date, and $2,000.00 for any building permit that is applied for after the fourth anniversary. CONCLUSION: Development Agreement 1-13 has been prepared in accordance with the rules and regulations for the review and processing of development agreement requests in the City. The proposed development complies with the City's General Plan. The provision for extending the Tentative Tract Maps will benefit the City by having entitled lots available for development, when the economy recovers. ATTACHMENTS: City Council Ordinance No. 13-05 Development Agreement No. 1-13 Development Agreement Conditions of Approval Planning Commission Resolution No. 13-07 Location Map Tentative Tract Maps 32582, 30379, and 33862 Amended No. 1 PACKET PAGE: 16 AGENDA ITEM 4.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) ORDINANCE NO. 13-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, ADOPTING DEVELOPMENT AGREEMENT NO. 1-13 BETWEEN THE CITY OF SAN JACINTO AND CURCI SAN JACINTO INVESTORS, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto ("City") is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Curci San Jacinto Investors, LLC ("Owner") is the owner of Tentative Tract Maps 33862, 32582, and 30379 with respect to the Development Agreement; and WHEREAS, City and Owner now seek to enter into Development Agreement 1-13 attached hereto as Exhibit "A" (the "Development Agreement"); and WHEREAS, the project covered under the Development Agreement generally consists of single family lot subdivisions with approximately 466 total residential units and other related improvements ("Project") and the purpose of the Development Agreement is to extend the term of the Tentative Tract Maps for seven (7) years; and WHEREAS, Chapter 17.610 of the City's Development Code sets forth the City's requirements for development agreements, and amendments and extensions thereof; and WHEREAS, the Development Agreement is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, the Development Agreement, as proposed, includes a Development Agreement fee to be paid by Owner to the City under the Development Agreement, and includes other provisions for the extension; and WHEREAS, development of the Property in accordance with the Development Agreement will provide substantial benefits to the City and will further important policies and goals of the City; and WHEREAS, the Development Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the PACKET PAGE: 17 AGENDA ITEM 4.1 development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, the Project has been adequately analyzed in earlier adopted mitigated negative declarations and a subsequent mitigated negative declaration is not required because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; and WHEREAS, on September 12, 2013, the City of San Jacinto Planning Commission conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding the Development Agreement, and at which time the Planning Commission thoroughly reviewed the Development Agreement, and thereafter recommended that the City Council of the City of San Jacinto approve and adopt theDevelopment Agreement; and WHEREAS, on October 1, 2103, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and WHEREAS, on October 1, 2013, the San Jacinto City Council conducted a duly noticed public hearing concerning the Development Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding theDevelopment Agreement, and at which time the City Council thoroughly reviewed the Development Agreement; and THE CITY COUNCIL OF THE CITY OF SAN JACINTO DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2. Incorporation of Recitals. The Recitals set forth above are incorporated herein and made an operative part of this Ordinance as though fully set forth herein. Findings. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council adopts this Ordinance and approves Development Agreement 1-13 based upon the following findings: 2 PACKET PAGE: 18 AGENDA ITEM 4.1 A. That the Development Agreement aids in the continued and consistent implementation of the Tentative Tract Maps, provides a financial benefit to the City in the form of the increased Development Agreement Fee (as that term is defined in the Development Agreement), and is therefore in the best interest of the City. B. That Development Agreement 1-13 is consistent with the City's General Plan and will allow the Owner to complete the Project in a manner which the City Council previously found to be consistent with the City's General Plan, and which the Planning Commission finds continues to be consistent therewith. C. That Development Agreement 1-13 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tentative Maps, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tentative Tract Maps, which provides for single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement is located, and will not adversely affect the orderly development of property or the preservation of property values. E. Extending the term of the Development Agreement is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the Project under the terms of the Development Agreement: (i) Land Use Element No. 4 — Manage and Direct Growth — This Land Use Element encourages development consistent with the zoning of the property and provide for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 1-13 will provide the City with important, tangible benefits including the increased Development Agreement Fee provided for in the Agreement, and future development of the Tentative Tract Maps. 3 PACKET PAGE: 19 AGENDA ITEM 4.1 Section 3. Adoption of Development Agreement 1-13. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Ordinance, the City Council hereby adopts Development Agreement 1-13 as set forth in Exhibit "A". Section 4. CEQA. The City Council has reviewed the Project pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto, the City Council has determined that the Project has been adequately analyzed in earlier adopted mitigated negative declarations, and a subsequent mitigated negative declaration is not required because there are no changed circumstances pursuant to Section 15162. Further, it can be seen with certainty that the approval of the Development Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines. Section 5. Section 6. Section 7. Notice of Determination. Staff is directed to file a Notice of Determination with the Riverside County Recorder's Office within five (5) working days of adoption of this Ordinance. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City Clerk's office located at 595 S. San Jacinto Avenue, Building B, San Jacinto, CA 92583. The custodian for these records is the City Clerk. Severabilitv. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 8. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within 15 days of adoption in a newspaper of general circulation printed and published within the City of San Jacinto, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government 4 PACKET PAGE: 20 AGENDA ITEM 4.1 Code § 36933. Introduced at a regular meeting of the City Council on the 1st day of October, 2013. ORDINANCE NO. 13-05 PASSED, APPROVED AND ADOPTED at an adjourned regular meeting of the City Council on the day of 15 October, 2013, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Richard Miller, City Clerk City of San Jacinto: Mark Bartel, Mayor 5 PACKET PAGE: 21 AGENDA ITEM 4.1 EXHIBIT "A" DEVELOPMENT AGREEMENT NO. 1-13 BY AND BETWEEN THE CITY OF SAN JACINTO AND CURCI SAN JACINTO INVESTORS, LLC Exhibit A PACKET PAGE: 22 AGENDA ITEM 4.1 Recorded at request of ) Clerk, City Council ) City of San Jacinto ) ) When recorded return to: ) City of San Jacinto ) 595 S. San Jacinto Ave. ) San Jacinto, CA 92583 ) Attention: City Clerk ) ) Exempt from Filing Fees, Government Code Section 6103 DEVELOPMENT AGREEMENT NO. 13-01 A DEVELOPMENT AGREEMENT BETWEEN CITY OF SAN JACINTO and CURCI SAN JACINTO INVESTORS, LLC, a Delaware limited liability company DOCSOC/1624044v7/400037-0027 24438.D0000\8216784.4 PACKET PAGE: 23 AGENDA ITEM 4.1 DEVELOPMENT AGREEMENT NO. 13-01 This Development Agreement (hereinafter "Agreement") is entered into by and among the City of San Jacinto, a California municipal corporation (hereinafter "CITY"), and Curci San Jacinto Investors, LLC, a Delaware limited liability company (hereinafter "OWNER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, the environmental impacts of the Project and this Agreement, including the Development Approvals, have previously been properly reviewed and assessed by CITY pursuant to the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), California Code of Regulations Title 14, Section 15000 et seq. (the "CEQA Guidelines") and the CITY's local CEQA guidelines; and WHEREAS, on September 12, 2013, the City of San Jacinto Planning Commission conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the Planning Commission thoroughly reviewed this Agreement, and thereafter recommended to the City Council of the City of San Jacinto that the City Council approve and adopt this Agreement WHEREAS, on October 1, 2013, the San Jacinto City Council conducted a duly noticed public hearing concerning this Agreement, at which time all persons wishing to do so had an opportunity to provide testimony regarding this Agreement, and at which time the City Council thoroughly reviewed this Agreement and WHEREAS, on October 1, 2103, pursuant to CEQA and in accordance with the recommendation of the Planning Commission for the City of San Jacinto (the "Planning Commission"), the City Council has determined that it can be seen with certainty that the approval of this Agreement is not likely to have any effect on the environment, and therefore further review is not necessary under CEQA and the CEQA Guidelines; and DOCSOC/1624044v7/400037-0027 24438.D0000`.8216784.4 PACKET PAGE: 24 AGENDA ITEM 4.1 WHEREAS, on October 1, 2013, following the conclusion of the public hearing and adoption of the Notice of Determination, the City Council conducted the first reading of the ordinance approving and adopting this Agreement, and WHEREAS on October 15, the City Council conduced a second reading (adoption) of the ordinance approving and adopting this Agreement and WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: DEFINITIONS AND EXHIBITS. follows: 1.1 Definitions. The following terms when used in this Agreement shall be defined as 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of San Jacinto, a municipal corporation, organized and existing pursuant to the laws of the State of California. 1.1.3 "Dedication Requirement" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land in DOCSOC/1624044v7/400037-0027 2 24438.D0000`.8216784.4 PACKET PAGE: 25 AGENDA ITEM 4.1 order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.4 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.5 "Development Agreement Policies" means those certain development agreement policies approved by CITY pursuant to Resolution No. 2358, adopted on July 18, 2002, as amended. 1.1.6 "Development Approvals" means all permits and other entitlements for use, subject to approval or issuance by CITY in connection with the Development, including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits, public use permits and plot plans; (d) zoning; and (e) grading and building permits. 1.1.7 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.8 "Development Fee Schedule" means the schedule of Development Impact Fees in effect as of the Effective Date of this Agreement. A copy of the Development Fee Schedule is attached as Exhibit "E" and incorporated herein. 1.1.9 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by CITY to OWNER in connection with approval of the Development for the purpose of defraying all or a portion of the cost of public facilities related to the Project, but does not include park "in lieu" fees specified in Government Code Section 66477, fees for processing applications for governmental regulatory actions or approvals, or fees collected under development agreements adopted pursuant to Section 65864, et seq. of the Government Code. The term "Development Impact Fee" expressly includes any impact, public facilities or impact fee as set forth in Section 202 of the Development Agreement Policies. DOCSOC/1624044v7/400037-0027 3 24438.D0000`.8216784.4 PACKET PAGE: 26 AGENDA ITEM 4.1 1.1.10 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.11 "Effective Date" means the date the ordinance approving this Agreement becomes effective. 1.1.12 "Existing Development Approvals" means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date. 1.1.13 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Regulations which are a matter of public record on the Effective Date. 1.1.14 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or (e) the exercise of the power of eminent domain. 1.1.15 "MDP" means the San Jacinto Valley Master Drainage Plan and the San Jacinto Regional Area Drainage Plan Amendment that was adopted by the San Jacinto City Council by resolution on January 14, 2013. 1.1.16 "OWNER" means the persons and entities listed as OWNER on page 1 of this Agreement and its successor(s) in interest to all or any part of the Property. 1.1.17 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.18 "Project" means the development of the Property contemplated by the Development Plan as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. DOCSOC/1624044v7/400037-0027 4 24438.D0000`.8216784.4 PACKET PAGE: 27 AGENDA ITEM 4.1 1.1.19 "Property" means the real property described on Exhibit "A" and shown on Exhibit `B" to this Agreement. 1.1.20 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 1.1.21 "Subsequent Development Approvals" means all Development Approvals required subsequent to the Effective Date in connection with the Development. 1.1.22 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.1.23 "TTM 30379" means Tentative Tract Map 30379, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.1.24 "TTM 32582" means Tentative Tract Map 32582, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.1.25 "TTM 33862" means Tentative Tract Map 33862, which is one of the Existing Development Approvals and is described in Exhibit "C". 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" — Legal Description of the Property. Exhibit `B" — Map showing Property and its location. Exhibit "C" — Existing Development Approvals. Exhibit "D" — Existing Land Use Regulations. Exhibit "E" — Development Fee Schedule. 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof 2.3 Term. The initial term of this Agreement shall commence on the Effective Date, and shall continue for a period of seven (7) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Notwithstanding the foregoing, the term of this Agreement may be extended for an additional five (5) years following expiration of the initial term, provided the following have occurred: (a) OWNER provides at least one hundred eighty (180) days written notice to CITY prior to the expiration of the initial term; DOCSOC/1624044v7/400037-0027 5 24438.1)0000,,8216784.4 PACKET PAGE: 28 AGENDA ITEM 4.1 (b) OWNER shall have obtained building permits for at least sixty-seven percent (67%) of the single family residential units contemplated by the Project and (c) OWNER is not then in uncured default of this Agreement. The initial term and, if and upon extension, the 5-year extension, shall sometimes be referred to herein collectively as the "Term." 2.4 Assignment. 2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410 et seq.) to any person, partnership, joint venture, firm or corporation at any time during the Term; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. OWNER shall have the right to reserve from any assignment made pursuant to this Subsection 2.4.1 any or all right, title and interest in and to a credit or reimbursement pursuant to Section 4.2.3 of this Agreement provided however, that the existence and extent of any such reservation shall be expressly referred to in the written agreement required by Section 2.4.1(b), above. 2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring OWNER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring OWNER of the following conditions: of the Property. (a) OWNER no longer has a legal or equitable interest in all or any part (b) OWNER is not then in default under this Agreement. 6 DOCSOC/1624044v7/400037-0027 24438.D0000`.8216784.4 PACKET PAGE: 29 AGENDA ITEM 4.1 (c) OWNER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER to secure performance of its obligations hereunder. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 [Intentionally Omitted.] 2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any lot which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall automatically terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, (b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4.2 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by written consent of all parties in the manner provided for in Government Code Section 65868 and Article 5 of the Development Agreement Policies. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the Term. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. DOCSOC/1624044v7/400037-0027 7 24438.D0000\8216784.4 PACKET PAGE: 30 AGENDA ITEM 4.1 (e) Termination of this Agreement based on any default of OWNER and following the termination proceedings required by Articles 7 and 8 of the Development Agreement Policies. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of San Jacinto 595 S. San Jacinto Ave. San Jacinto, CA 92583 Attn: City Manager Telephone: (951) 487-7342 Facsimile: (951) 654-3728 Copy to: Best, Best & Krieger, LLP 2855 East Guasti Road Suite 400 Ontario, CA 91761 Attn: City Attorney Telephone: (909) 989-8584 Facsimile: (909) 944-1441 If to OWNER: Curci San Jacinto Investors, LLC 717 Lido Park Drive DOCSOC/1624044v7/400037-0027 8 24438.D0000\8216784.4 PACKET PAGE: 31 AGENDA ITEM 4.1 Newport Beach, CA 92663 Attn: Michael Curci Telephone: (949) 673-1060 Facsimile: (949) 673-1068 Copy to: Stradling Yocca Carlson & Rauth, P.C. 660 Newport Center Drive Suite 1600 Newport Beach, CA 92660 Attn: Allison E. Burns Telephone: (949) 725-4000 Facsimile: (949) 725-4100 (c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement, including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement, including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters. 3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the DOCSOC/1624044v7/400037-0027 9 24438.D0000`.8216784.4 PACKET PAGE: 32 AGENDA ITEM 4.1 parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject only to any timing or phasing requirements set forth in Section 3.4. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Existing Development Approvals shall be deemed "minor" and not require an amendment to this Agreement provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code. 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. DOCSOC/1624044v7/400037-0027 10 24438.D0000`.8216784.4 PACKET PAGE: 33 AGENDA ITEM 4.1 (c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code. (d) Regulations imposing Dedication Requirements; provided, however, that no such subsequently adopted Dedication Requirements shall be applicable to development of the Property unless such Dedication Requirements are applied uniformly to development throughout the CITY. No such subsequently adopted Dedication Requirement shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Dedication Requirement. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4.2 of this Agreement, CITY shall allow a credit against such subsequently adopted Dedication Requirement for the fees paid under Section 4.2 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety. To the extent possible, any such regulations shall be applied and construed so as to provide OWNER with the rights and assurances provided under this Agreement. (f) Regulations which are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. (g) Regulations which are in conflict with the Development Plan provided OWNER has given written consent to the application of such regulations to development of the Property. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract. 11 DOCSOC/1624044v7/400037-0027 24438.D0000`.8216784.4 PACKET PAGE: 34 AGENDA ITEM 4.1 3.7 Public Works. If OWNER is required by this Agreement to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. 3.8 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, OWNER shall at its sole cost and expense provide, or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event OWNER is unable, after exercising reasonable efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by OWNER and upon OWNER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow OWNER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. OWNER shall pay all costs associated with such acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the Development under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the Development separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. The term of any tentative subdivision map(s) or tentative parcel map(s) heretofore or hereafter approved in connection with the Development shall expire upon the expiration or earlier termination of this Agreement. Said term shall be the sole and exclusive term and shall be in lieu of any other term or term extension provided for under the Subdivision Map Act, CITY ordinance, or any combination thereof. 3.11 Amendment(s) to Tentative Tract Map(s); Recordation of Final Tract Map(s). Any amendment to an existing tentative tract map, heretofore or hereafter approved in connection with the Development, which is deemed "minor" in accordance with Section 3.5 of this Agreement shall not require an amendment to this Agreement. Subject to applicable provisions of the Subdivision Map Act (Government Code Section 66410 et seq.), OWNER may record final tract maps on a phased basis. 3.12 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with the Development, is a vesting map under the Subdivision Map Act and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to OWNER, then and to that extent the rights and protections afforded OWNER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the DOCSOC/1624044v7/400037-0027 12 24438.D0000`.8216784.4 PACKET PAGE: 35 AGENDA ITEM 4.1 provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 3.13 Utilities. In accordance with Section 201(h) of the Development Agreement Policies, the Project shall be connected to all utilities necessary to provide adequate water, sewer, gas, electric, and other utility service to the Project. OWNER shall contract with the CITY for CITY -owned or operated utilities serving the Project for such prices and on such terms as may be mutually agreed to between the parties. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that the Development will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Development Impact Fees. 4.2.1 Type and Amount. The type and amount (except as specified in Exhibit "E") of Development Impact Fees applicable to the Project shall be those, and only those, set forth in the Development Fee Schedule. As set forth in more detail in Subsection 4.2.3, OWNER shall be entitled to credits/reimbursements against the Development Impact Fees (with the applicable category) in consideration of OWNER' s compliance with Section 4.3 of this Agreement. 4.2.2 Time of Payment. The fees required pursuant to Subsection 4.2.1 shall be paid to CITY, if and to the extent such fees exceed the total aggregate amount of credits/reimbursements to which the OWNER is entitled pursuant to Subsection 4.2.3, prior to or at the time of issuance of certificates of occupancy for each residential unit provided however, that the "Development Agreement Fee" described in Subsection 4.2.1 and the flood control improvement fee described in the Development Fee Schedule shall both be paid prior to the issuance of building permits for each residential unit. No fees shall be payable for building permits issued prior to the Effective Date of this Agreement, but the fees required pursuant to Subsection 4.2.1 shall be paid prior to the re -issuance or extension of any building permit for a residential unit for which such fees have not previously been paid. 4.2.3 Credits and Reimbursement. The Development Impact Fees described in Subsection 4.2.1 shall be subject to credits/reimbursements for public improvements that OWNER provides, to the extent such public improvements are contained within the City's Development Impact Fee program. The amount of such credit/reimbursement shall be based on the cost estimate contained within the City's Development Impact Fee program. If and to the extent the OWNER's actual cost of providing such public improvements exceeds the aggregate amount of the Development Impact Fees within the applicable fee category, OWNER shall be entitled to reimbursement of the difference pursuant to the terms of a reimbursement agreement to be entered into by and between CITY and OWNER. CITY and OWNER shall enter into a reimbursement agreement with respect to OWNER's construction of the facilities described in Section 4.3, which agreement shall provide that 100% of the flood control improvement fees paid by other property owners/developers relative to developments that are tributary to the facilities described in Section 4.3 13 DOCSOC/1624044v7/400037-0027 24438.D0000`.8216784.4 PACKET PAGE: 36 AGENDA ITEM 4.1 (including, without limitation, tentative tract map 30379) shall be paid to OWNER in order to reimburse OWNER for its construction of such facilities. OWNER shall not be entitled to reimbursement for connecting TTM 32582, TTM 33862, or any combination thereof, to the facilities constructed pursuant to Section 4.3. No cross -category fee credit or reimbursement shall be provided to OWNER by CITY. Notwithstanding any other provision of this Agreement, OWNER shall have the right to assign all or any portion of a reimbursement agreement without CITY's consent and to any person or entity, regardless of whether such person or entity owns an interest in the Project or Property; provided however, that OWNER shall provide a written memorialization of such assignment to the CITY as a condition precedent to the effectiveness of any such assignment. 4.3 MDP Facilities. Subject to the provisions of this Section 4.3, OWNER shall improve and dedicate a certain portion of "Line J-3" as described in the MDP. OWNER shall complete construction of the facilities described in this Subsection 4.3.1 prior to issuance of the certificate of occupancy that represents the 80th percentile of all of the lots approved within TTMs 33862, 32582 and 30379 (combined). Except as expressly set forth in this Section 4.3, nothing in this Agreement is intended to modify the conditions of approval for any tentative tract map identified under this Agreement, and Owner shall comply therewith. 4.3.1 TTM 32582 MDP Facilities. As part of its development of TTM 32582, OWNER shall design and construct, or cause to be designed and constructed, that certain portion of Line J-3 (as described in the MDP) that runs between Line J and the intersection of Alessandro Avenue and Ramona Expressway. Prior to completion of the facilities described in this Subsection 4.3.1, OWNER may mitigate storm water runoff by use on an onsite retention basis approved by the City Engineer. 4.3.2 TTM 33862 MDP Facilities. As part of its development of TTM 33862, OWNER shall design and construct, or cause to be designed and constructed, that certain portion of Line J-3 (as described in the MDP) that runs between Alessandro Avenue and the intersection of Vernon Avenue and Ramona Expressway. Prior to completion of the facilities described in this Subsection 4.3.2, OWNER may mitigate storm water runoff by use on an onsite retention basis approved by the City Engineer. 4.4 Offsite Sewer Improvements. OWNER shall design and construct, or cause to be designed and constructed, an offsite sewer line that runs along Alessandro Avenue between TTM 32582 and the existing sewer line located in Ramona Expressway. Notwithstanding any other provisions of this Agreement, OWNER' s cost of complying with this Section 4.4 shall be reimbursed by the CITY pursuant to a reimbursement agreement to be entered into by and between CITY and OWNER. 4.5 Development Agreement Fee. In addition to the Development Impact Fees and other obligations of OWNER contained in this Agreement, the Project shall also be subject to a "Development Agreement Fee". The Development Agreement Fee shall be One Thousand Dollars ($1,000.00) per lot for any building permit that is applied for on or before the fourth anniversary of the Effective date. The Development Agreement Fee shall be Two Thousand Dollars ($2,000.00) per lot for any building permit that is applied for after the fourth anniversary of the Effective Date. OWNER shall pay such Development Agreement Fee prior to, and as a condition precedent to, the issuance of each certificate of occupancy within the Project. The Development Agreement Fee shall not be used to offset any Development Impact Fee(s). OWNER shall not be entitled to any credit DOCSOC/1624044v7/400037-0027 14 24438.D0000`.8216784.4 PACKET PAGE: 37 AGENDA ITEM 4.1 against the Development Agreement Fee resulting from OWNER's provision of public improvements as required by the Development Plan or this Agreement. FINANCING OF PUBLIC IMPROVEMENTS. If deemed appropriate, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such reimbursements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds. 6. REVIEW FOR COMPLIANCE. 6.1 Periodic Review. The Planning Director shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by OWNER with the terms of the Agreement. OWNER shall submit an Annual Monitoring Report, in a form acceptable to the Planning Director, within 30 days after written notice from the Planning Director. The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of this Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The Planning Director shall conduct such special reviews. 6.3 Procedure. (a) During either a periodic review or a special review, OWNER shall be required to demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue shall be on OWNER. (b) Upon completion of a periodic review or a special review, the Planning Director shall submit a report to the City Council setting forth the evidence concerning good faith compliance by OWNER with the terms of this Agreement and his or her recommended finding on that issue. (c) If the City Council finds on the basis of substantial evidence that OWNER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. (d) If the City Council makes a preliminary finding that OWNER has not complied in good faith with the terms and conditions of this Agreement, the Council may modify or terminate this Agreement as provided in Section 6.4 and Section 6.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to OWNER prior to or concurrent with, proceedings under Section 6.4 and Section 6.5. DOCSOC/1624044v7/400037-0027 15 24438.D0000,.8216784.4 PACKET PAGE: 38 AGENDA ITEM 4.1 6.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to OWNER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement and, (c) Such other information as is reasonably necessary to inform OWNER of the nature of the proceeding. 6.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, OWNER shall be given an opportunity to be heard. OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on OWNER. If the City Council finds, based upon substantial evidence, that OWNER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 6.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, OWNER is found to be in compliance with this Agreement, CITY shall, upon request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent periodic or special review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the Planning Director or City Council. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages: DOCSOC/1624044v7/400037-0027 16 24438.D0000`.8216784.4 PACKET PAGE: 39 AGENDA ITEM 4.1 (a) For any breach of this Agreement or for any cause of action which arises out of this Agreement or (b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement or (c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (a) Money damages are unavailable against CITY as provided in Section 7.1 above. (b) 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 or portions thereof. OWNER has 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 is not possible to determine the sum of money which would adequately compensate OWNER for such efforts. 7.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.5 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. DOCSOC/1624044v7/400037-0027 17 24438.D0000`.8216784.4 PACKET PAGE: 40 AGENDA ITEM 4.1 7.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. THIRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan ("General Plan"), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY' s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding. 8.3 Indemnity. In addition to the provisions of 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER' s employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action. 8.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or 18 DOCSOC/1624044v7/400037-0027 24438.D0000`.8216784.4 PACKET PAGE: 41 AGENDA ITEM 4.1 about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER' s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER' s obligations under this Agreement. (c) If CITY timely receives a request from a mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any DOCSOC/1624044v7/400037-0027 19 24438.D0000,.8216784.4 PACKET PAGE: 42 AGENDA ITEM 4.1 covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. 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 to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Joint and Several Obligations. If at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one OWNER, all obligations of such OWNERS under this Agreement shall be joint and several, and the default of any such OWNER shall be the default of all such OWNERS. Notwithstanding the foregoing, no OWNER of a single lot which has been finally subdivided and sold to such OWNER as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof. DOCSOC/1624044v7/400037-0027 20 24438.D0000,.8216784.4 PACKET PAGE: 43 AGENDA ITEM 4.1 10.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element. 10.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 10.11 Force Majeure. Neither party shall 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 the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 10.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this DOCSOC/1624044v7/400037-0027 21 24438.D0000`.8216784.4 PACKET PAGE: 44 AGENDA ITEM 4.1 Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property. 10.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 10.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement on the last day and year set forth below. DOCSOC/1624044v7/400037-0027 22 24438.D0000,.8216784.4 PACKET PAGE: 45 AGENDA ITEM 4.1 SIGNATURE PAGE TO DEVELOPMENT AGREEMENT BY AND BETWEEN CITY OF SAN JACINTO AND CURCI SAN JACINTO INVESTORS, LLC DOCSOC/1624044v7/400037-0027 OWNER CURCI SAN JACINTO INVESTORS, LLC, a Delaware limited liability company By: Its: Dated: CITY CITY OF SAN JACINTO, a California municipal corporation By: Mark Bartel, Mayor Dated: ATTEST: By: Rick Miller, City Clerk APPROVED AS TO LEGAL FORM: BEST BEST & KRIEGER LLP Jeffrey S. Ballinger, City Attorney 23 24438.D0000\8216784.4 PACKET PAGE: 46 AGENDA ITEM 4.1 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION TRACT 32582 Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: Parcel 1: The North Half of Farm Lot 92 of Lands of the San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Parcel 2: Lots 1 through 10 of S.J. Meads Subdivision of the South -Half of Farm Lot 92 of the Lands of San Jacinto Land Association, as shown by Map of said Subdivision on file in Book 1, Page 40 of Maps, Records of San Diego County, California. Parcel 3: The North Half of Lot 88 of Lands of San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California; Excepting the West 30 feet as conveyed to the County of Riverside for a right-of-way for public highway and public utility purposes by Deed recorded October 31, 1939 in Book 435, Page 572 of Official Records of Riverside County, California. Parcel 4: Farm Lot 90 of the Land of San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Excepting therefrom a strip of land 30 feet in width for street purposes over the North side of the East side thereof, as conveyed to the City of San Jacinto by Deed recorded March 2, 1894, in Book 11, Page 158 of Deeds, Records of Riverside County, California. DOCSOC/1624044v7/400037-0027 A-1 24438.D0000\8216784.4 PACKET PAGE: 47 AGENDA ITEM 4.1 TRACT 33862 Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: Parcel 1: Lots 1 through 8 of Olmstead's Subdivision of Tract VI, as shown by Map on file in Book 4, Page 261 of Maps, Records of San Diego County, California; Except those portions within the land conveyed to the San Jacinto Spice Company by Deed recorded November 16, 1971, as Instrument No. 131001 of Official Records of Riverside County, California. Also excepting that portion of land granted to San Jacinto Unified School District by Corporation Grant Deed recorded August 26, 2008 as Instrument No. 2008-0470195 of Official Records of Riverside County. Parcel 2: Farm Lot 194 of Lands of the San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Also Excepting that portion of land granted to San Jacinto Unified School District by Corporation Grant Deed recorded August 26, 2008 as Instrument No. 2008-0470195 of Official Records of Riverside County. Parcel 3: Lot 43 of Olmsted's Subdivision of Tract IV of the Rancho San Jacinto Viejo, as shown by Map of said Subdivision on file in Book 4, Page 261 of Maps, Records of San Diego County, California; Excepting that portion of Lot 43 lying Northeasterly of the Southwesterly right-of-way of Ramona Expressway. Also Excepting that portion of land granted to San Jacinto Unified School District by Corporation Grant Deed recorded August 26, 2008 as Instrument No. 2008-0470195 of Official Records of Riverside County. DOCSOC/1624044v7/400037-0027 A-2 24438.1)0000,8216784.4 PACKET PAGE: 48 AGENDA ITEM 4.1 TRACT 30379 Real property in the City of San Jacinto, County of Riverside, State of California, described as follows: Parcel 1: The North Half of Farm Lot 195 of Lands of the San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Excepting therefrom that portion within the land conveyed to the County of Riverside in document recorded December 16, 1982 as Instrument No. 217051 of Official Records of Riverside County, California. Parcel 2: That portion of Farm Lot 195 of Lands of the San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California, more particularly described as follows: Beginning at a point on the West line of said Lot, 170 feet North of the Southwest corner of the North Half of the South Half of said Lot; THENCE East, 594 feet; THENCE at right angles North, 70 feet; THENCE at right angles West, 594 feet to the West line of said Lot; THENCE South along said West line, 70 feet to the POINT OF BEGINNING. Parcel 3: The North 6 acres of the West 9 acres of the North Half of the South Half of Farm Lot 195 of Lands of San Jacinto Land Association, as shown by Map on file in Book 8, Page 357 of Maps, Records of San Diego County, California. Excepting therefrom the Southerly 20 feet thereof Also excepting therefrom that portion lying within that portion of said Farm Lot 195 described as follows: Beginning at a point of the West line of said Lot, 170 feet North of the Southwest corner of the North Half of the South Half of said Lot; THENCE East 594 feet; THENCE at right angles North, 70 feet; THENCE at right angles West, 594 feet to the West line of said Lot; THENCE South along said West line, 70 feet to the POINT OF BEGINNING. Parcel 4: That portion of Lot 195 as shown on Map of San Jacinto Land Association, on file in Map Book 8, Page 357, Records of San Diego County, California, being more particularly described as follows: DOCSOC/1624044v7/400037-0027 A-3 24438.1)0000,8216784.4 PACKET PAGE: 49 AGENDA ITEM 4.1 Commencing at the East One -Quarter Comer of Section 26, Township 4 South, Range 1 West, S.B.M., said East One -Quarter Comer also being the Northeast comer of said Lot 195; THENCE South 89° 40' 33" West, along the Northerly line of said Lot 195, a distance of 353.44 feet to the TRUE POINT OF BEGINNING; THENCE South 06° 34' 05" East, a distance of 22.00 feet to the beginning of a tangent curve, concave Easterly, having a radius of 1570.00 feet; THENCE Southerly along said curve through a central angle of 24° 22' 34", an arc length of 667.95 feet; THENCE South 30° 56' 45" East, a distance of 214.21 feet to a point of intersection with the Westerly right-of-way line of Camino Los Banos (60.00 feet wide); THENCE South 00° 10' 03" East, along said Westerly right-of-way line, a distance of 117.25 feet; THENCE North 30° 56' 45" West, a distance of 314.95 feet to the beginning of a tangent curve, concave Easterly, having a radius of 1630.00 feet; THENCE Northerly along said curve through a central angle of 24° 22' 34" an arc length of 693.47 feet; THENCE North 06° 34' 11" West, a distance of 28.56 feet to a point of intersection with said Northerly line of Lot 195; Thence North 89° 40' 35" East, along said Northerly line, a distance of 60.36 feet to the TRUE POINT OF BEGINNING. DOCSOC/1624044v7/400037-0027 A-4 24438.1)0000\8216784.4 PACKET PAGE: 50 AGENDA ITEM 4.1 EXHIBIT "B" ORO SAN JAC9f10 INvEstoks, CVWKD PRopERTIES ExHOT DOC SOC/1624044v7/400037-0027 24438.1)0000\ 8216784.4 PACKET PAGE: 51 EXHIBIT "C" AGENDA ITEM 4.1 EXISTING DEVELOPMENT APPROVALS ,4••••1-,k : a, • n:P.41.71 :921,4 .(AO C{I'l .TENTATIV.E.TR.AC MAP 30379 ,W.re:Tf ;Wirt i3,730vb .,==r • , 4 TORTh',.1FIAVERP:g5r,: .%% P1.411,. , 41.41.4141 ,1• 11.41 11111 /%11.6•111 N:Ft, .6m;ta 111,11. 31, • ••• 4141.1.441111.4114 1...:1A4"i.L.V.2,n • .14.1141 414414144. ,,,Makt 0.16 Mgr" •1.4*4,141141111.1111411.1141111 14*411*44*1. .44.141*41414.1 14, 4141141114141 •,ob, DOCSOC/1624044v7/400037-0027 24438.1)0000\ 8216784.4 PACKET PAGE: 52 AGENDA ITEM 4.1 '-'••••••••,4 . • • E•1:F •D; • IN THE CITY OF SAN JACINTO TENTATWE RAC_ T NO. 32582 • • .44, • • . . . "FPV-434 .. r ,t ; : ',:•": f, .,,:•7...!' q. 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' •,•••••:,••4, • er. :22 2 i22 2 „...7!!'..'!• • • • •••• '•••c••••'• • .‘•- 21: . ... • • •••••••,,:•• .222 2 • •••,7 ' • : •• . " • • ,•-•:••••• ,• - ";..;.C••••••••5! , . •!:• . ! .... ::; . • x•- ••;•; • ••••:- >9. ; • •"•'!... • : •22,2225:, FP7r. •• • F.FATP: •i;i34:44af..1.14:4ZioZiait : . • • ... 115..[P4 • 14V ky • 4'4 " :2•:4,••••, n77▪ -7— • ▪ r1:1::•'•• ••• • . ......... ..... • • i.,11P.TV : ,c,Yer• ,• 4.; 1.13:SIS • ..sw.ks•axe NA:a. RSA;11t.4.3 ."" „ • ,..7r4•• uE w JAMS lork.V.rt q?'.4.67. Cr. ;s4,7aI °X" W mmovs DOC SOC/1624044v7/400037-0027 24438.1)0000\ 8216784.4 PACKET PAGE: 54 AGENDA ITEM 4.1 EXHIBIT "D" EXISTING LAND USE REGULATIONS City of San Jacinto General Plan (January 2011 version) General Plan Map (December 2012 version) City of San Jacinto Development Code (December 2012 version) City of San Jacinto Zoning Map, as of the Effective Date City of San Jacinto Municipal Code, as of the Effective Date DOCSOC/1624044v7/400037-0027 D-1 24438.D0000\8216784.4 PACKET PAGE: 55 AGENDA ITEM 4.1 EXHIBIT "E" DEVELOPMENT FEE SCHEDULE CITY OF SAN JACINTO Development Fee Schedule Rev: 09/04/2013 Fee Type Single Family Residential Multi Family Res (Apt) Retail Commercial Non -Retail Comm / Ind Comments Government Services $408.00/unit $34500/unit $2009.00/acre $1697.00/acre Payable prior to final inspection Flood Control Improvement $9,990/acre $9,990/acre $9,990/acre $9,990/acre Payable at building permit issuance Traffic Sgnalization Road Construction Bikeways Traffic Signals $1.46800/dwelling unit $ 4900/dwelling unit $ 256.00/dwelling unit $1 23900/dwelling unit $ 41.00/dwelling unit $ 216.00/dwelling unit $7226.00/acre $0 $1 260.00/acre $6.10200/acre $0 $1 064.00/acre Payable prior to final inspection Payable prior to final inspection Payable prior to final inspection Water Capital Improvement $2 930/dwelling unit $2930/dwelling unit Comm/same as EMIVD Comm/same as EMIVD Payable prior to final inspection City Sewer Fee $200.00/dwelling unit $20000/dwelling unit $20000/15 PFU $200.00/15 PFU Payable prior to final inspection Public Safety Facilities Police Facilities Fire Facilities $198.00/dwelling unit $212.00/dwelling unit $198.00/dwelling unit $17900/dwelling unit $2,012.00/acre $1 042.00/acre $2,012.00/acre $ 880.00/acre Payable prior to final inspection Payable prior to final inspection Payable prior to final inspection Park and Open Space Facilities Park Facility Improvements Park Land Acquisition Park Land Improvements $ 589.00/dwelling unit $1.131 00/dwelling unit $1,290.00/dwelling unit $ 497.00/dwelling unit $ 955.00/dwelling unit $1,090.00/dwelling unit $0 $0 $0 $0 $0 $0 Payable prior to final inspection Payable prior to final inspection Payable prior to final inspection Payable prior to final inspection Street Signs $175.00/each Purchase thru City Building Permit Surcharge 1 % of Total Permit Fee (Min. $1.00; Max $50.00) 1 % of Total Permit Fee (Min. $1.00; Max $50.00) 1 % of Total Permit Fee (Min. $1.00; Max $50.00) 1 % of Total Permit Fee (Min. $1.00; Max $50.00) Payable at building permit issuance Current Planning $50.00/dwelling unit $50.00/dwelling unit 002/ef. of bldg. area 0.02/sf. of bldg. area Payable prior to final inspection Advance Planning $150.00/duelling unit $15000/duelling unit 006/sf. of bldg. area 0.06/sf. of bldg. area Payable prior to final inspection Transportation Uniform Mitigation Fee Industrial Service Commercial (Non -Retail) Class "A and "B" Office $8,87300/Single Family DU »»»»»»»»»»»» »»»»»»»»»»»» »»»»»»»»>>»»» $6,231 per D.U. rust be 8.1 D.U. per acre or more to qualify for multi- family rate »»»»»»»»»>: »»»»»»»»»>: >>»>>»»»»»»>: $10.49/sf. of building area »»»»»»»»»» »»»»»»»»»» »»»»»»»»»» $1.73/sf. of building area $4.19/sf. of building area $2.19/sf. of building area Payable prior to final inspection Multi Species Habitat Conservation Plan Residential - Single Family > 8 DU/AC Residential- Multi Family 8.1 - 14 DU/AC Residential - Multi Family > 14.1 DU/AC Commercial / Industrial $1,938/ duelling unit »»»»»»»»»»»» »»»»»»»»»»»» »»»»»»»»»»»» $1,241 / duelling unit $ 1,008 / dwelling unit »»»»»»»»»> $6597 / acre $6,597/ acre Payable at building permit issuance Community Amenities $ 630.00/duelling unit $ 532.00/dwelling unit $0 $0 Payable prior to final inspection Administration $ 2000/dwelling unit $ 1700/duelling unit $ 43.00/acre $ 37.00/acre Payable prior to final inspection CFD 2003-1 (Police and Fire Services) TBD by Special Districts TBD by Special Districts TBD by Special Districts TBD by Special Districts Payable at Special District Application CFD 2003-1 (Special Tax B) $794.03/ duelling unit $583.84/ dwelling unit Exempt $0.244/per sqft of bldg area Payable at building permit issuance AD 2003-1 (Road Maintenance) TBD by Special Districts Yes Yes Yes Payable at Special District Application LLPD 2 (Landscape/Lighting/Park Main.) TBD by Special Districts Yes Yes Yes Payable at Special District Application Water Meters (San Jacinto Water Only) Check with SJWD Yes Yes Yes Payable at request The Transportation Uniform Mitigation Fees and Multiple Species Habitat Conservation Plan Fees shall not be set or locked in by this Agreement. Such fees shall be the amounts in place at the time of final inspection of building permit, as applicable. DOCSOC/1624044v7/400037-0027 E- 1 24438.D0000`.8216784.4 PACKET PAGE: 56 AGENDA ITEM 4.1 wwwriu Sa,ty JACINTO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL September 12, 2013 Development Agreement No. 1-13 Applicant: Curci San Jacinto Investors, LLC P.O. Box 1549 Newport Beach, CA 92695 General Conditions 1. The applicant agrees to indemnify, hold harmless, and defend the City, its officials, officers, agents and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this permit, and any approvals associated with the project, including, without limitation, any CEQA review or approval, except to the extent caused by the negligence of the City. 2. The applicant will comply with Conditions of Approval for TTM 33862 Amended No. 1, TTM 33582, TTM 30379. Page 1 of 1 PACKET PAGE: 57 AGENDA ITEM 4.1 RESOLUTION NO. 13-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT DEVELOPMENT AGREEMENT NO. 1-13 BETWEEN THE CITY OF SAN JACINTO AND CURCI SAN JACINTO INVESTORS, LLC WHEREAS, pursuant to Section 65864, et seq., of the California Government Code, the City of San Jacinto ("City") is authorized to enter into development agreements with persons having legal or equitable interests in real property for the development of such property; and WHEREAS, Curci San Jacinto Investors, LLC ("Owner") is the owner of Tentative Tract Maps 33862, 32582, and 30379 with respect to the Development Agreement; and WHEREAS, City and Owner now seek to enter into Development Agreement 1-13 attached hereto as Exhibit "A;" and WHEREAS, the project covered under the Development Agreement generally consists of single family lot subdivisions with 466 total residential units and other related improvements ("Project") and the purpose of Development Agreement is to extend the term of the Tentative Tract Maps for seven (7) years; and WHEREAS, Chapter 17.610 of the City's Development Code sets forth the City's requirements for development agreements, and amendments and extensions thereof; and WHEREAS, the Development Agreement is in accordance with Chapter 17.610 of the Development Code; and WHEREAS, the Development Agreement as proposed, includes a Development Agreement fee to be paid by Owner to the City under the Development Agreement, and includes other provisions for the extension; and WHEREAS, the project has been adequately analyzed in earlier adopted mitigated negative declarations and a subsequent mitigated negative declaration is not require, because there are no changed circumstances pursuant to Section 15162 of the California Environmental Quality Act; and WHEREAS, on September 12, 2013 the Planning Commission of the City of San Jacinto ("Planning Commission") conducted a duly noticed public hearing on Development Agreement 1-13 at which time all persons wishing to testify in connection with Development Agreement 1-13 were heard and Development Agreement 1-13 was comprehensively reviewed; and PACKET PAGE: 59 AGENDA ITEM 4.1 WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SAN JACINTO RESOLVES AS FOLLOWS: SECTION 1. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission recommends that the City Council of the City of San Jacinto approve by ordinance Development Agreement 1-13 as set forth in Exhibit "A" attached hereto and incorporated herein by reference, based upon the following findings: A. That Development Agreement, aids in the continued and consistent implementation of the Tentative Tract Maps, provides a financial benefit to the City in the form of the increased Development Agreement Fee (as that term is defined in the Development Agreement), and is therefore in the best interest of the City. B. That Development Agreement 1-13 is consistent with the City's General Plan and will allow the Owner to complete the Project in a manner which the City Council previously found to be consistent with the City's General Plan, and which the Planning Commission finds continues to be consistent therewith. C. That Development Agreement 1-13 promotes the public health, safety and welfare of the community because it will permit and encourage the development of residential units in accordance with the approved Tentative Maps, and will allow for the most efficient and logical development of the real property governed by the Development Agreement in the City. D. That the Project is covered under the Tentative Tract Maps, which provides for single-family development, is therefore compatible with the uses authorized in, and the regulations prescribed for, the zone in which the real property subject to the Development Agreement is located, and will not adversely affect the orderly development of property or the preservation of property values. E. By extending the term of the Development Agreement, it is consistent with the following General Plan Land Use Element goals and policies, and will further important and officially recognized City wide goals and policies, by allowing the Owner to develop the project under the terms of the Development Agreement: (i) Land Use Element No. 4 — Manage and Direct Growth — This Land Use Element encourages development consistent with the zoning of the property and provide for adequate levels of public services and facilities to be provided for the new development. F. That Development Agreement 1-13 will provide the City with important, tangible benefits including the increased Development Agreement Fee provided for in the 24438.8002617938568.1 2 PACKET PAGE: 60 AGENDA ITEM 4.1 Agreement, and future development of the Tentative Tract Maps. SECTION 2. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution, the Planning Commission recommends that the City Council of the City of San Jacinto adopt Development Agreement 1-13 as set forth in Exhibit "A". SECTION 3. The Planning Commission finds that the project has been adequately analyzed in earlier adopted mitigated negative declarations and a subsequent mitigated negative declaration is not require, because there are no changed circumstances pursuant to Section 15162 of the Califomia Environmental Quality Act. SECTION 4. Staff is directed to file a Notice of Determination with the Riverside County Recorder's Office within five (5) working days of adoption of this Resolution. SECTION 5. This Resolution shall become effective upon its adoption. PASSED, APPROVED AND ADOPTED, this 12th day of September, 2013. ATTEST: Jan ,tron, Planning Commission Secretary 24438.8002617938568.1 3 PACKET PAGE: 61 BERGIN SUNSET L-N 7-1 C. {I N m —SPINNAKER ST- - -TRADEWINDS•L-N `!mil � �1��� � !a.►:� ;' . tom__ ,► ; DA 01-13 Tracts 4* ' City Boundary 32.582 0=3RD ST 0.6 Miles 3.3862 30379 RTESIAN AVE MAIN ST -5TH-ST-1 EACH-ST PRAISE-ST- U.)16e5Ege lGet L_._.... „r.r. Aim SAN JACINTO Location Map Development Agreement 01-13 SA 4C5N70 wl '', 3' RAMONA 0 z 0 COTTONWOOD AVENUE ESPLANADE SAN JACINTO EXPWY. Y. ¢W. �4n�6Y6 Z< 1 P o z 2 ST VICINITY MAP N.T.S. /3 4" ate©'3NORTH )(PCm2.12hnln 3. SITE 4 O� Qv' 94 a RIVER 03 4353 : INFmnamuL { N 901'00" R/W 6' SIDE IN THE CITY OF SAN JACINTO TENTATIVE TRACT NO. 32582 60' R/W 10' 40' :0' 8' 12' 12' a' ALK TYPE CURB C' = A.C. PAVEMENT 2% TYPE 'C' -.. CURB \ 6' S n 03 4'2 424 24VM1ia191 J 1.N La '$913 Vi'1)313L/•• CL it AGGREGATE BASE COMPACTED SUBGRADE TYPICAL STREET SECTION STREETS 'A'-'O' NOT TO SCALE VJI4 ( PAC 241c1(M;o) ALESSANORO__AVE NUE 2E3 51 Pc1 DEWALK 650.00 R/W R/W 2' 6' SIDEWALK ".ws6 4kL9i TL 3J++ 22ENE h)Su 33L 0.3% 40 8' 12' 12' 8' TYPE CURB C' 2X A.C. PAVEMENT % TYPE 'C' --CURB 1 CL II AGGREGATE BASE 12' AIS r IMF AMP' COMPACTED 5U8GRADE TYPICAL STREET SECTION STREETS 'P'-'R' & MISTLETOE AVE. NOT TO SCALE i9 Lix =TM9 SL t 1 r'=1) 42,4 3 %141 311'J' n=r / �„a d33113714.2 ,7223 24' OPEN SPACE LOT 'D' 228' 11 B625 SF PE=64.5 85 0 6YE.65.2 is 10.9a9B 57 PEs65.7 Vy 7.55544 9 5r b 114' 9,840 SF '0 9.e14sF '0 114' 114' 114' 114' 47 1 62 1 62' 62' 06.191 Sr 06,420 23. io SF ?6.io SF?e.4 os ea L32 aan+.51 1P.3 231224 7,73 15F 6.640 5F 114' 6A439' N 114' 4b 9,e4p5 SF 30 72 n 7,z67 3F N 100' 73 -V, 7,154 sr 103 -- 102 - 233 3F- 7088 SF g 117 n 6,666 37 N 270'1'00 W 252 SA n4 -OPEN SPACE LOT 'E' '0 6,000 SF 08A18 Sr 0.40 0 7 6.O1W Sr LO PARK/ REC. AREA 9,118 sr 7S 6,600 6F 'o 1.02 Acres 100 u S.1t8 5F )p TEE PJN SPACE 'LOT F 27i SEAL Underground Service Aler Cnlll TOLL FREE 1-800 227-2600 SEAL No. 46354 APPROVED BY: DATE PREPARED BY: DATE CB 75 132 00' 0 137 9.000 3 100' 1.33 AC RETENTION BASIN //r=.PROP. WROUGHT l IRON FENCE I( ♦ 3:1 200'4 0.75 AC PARK AREA LOT 'A' 2 6.838 85' 65' 65 65' 65' 85' 0 150 - 145 ' h 7.221 Sr n 149 0 7.09S SF ' 148 0 7,095 SF 7, 147 so146 7.095 5r 0 0 7.095 Sr - n 7.22' 9 31 100' 100' `^ , 7,j31156 ^ 65' 65' 65' 65' 2144 100' 1530 154 0 155 0 156 0 100 91,n 152 to09 7.5 SF7 7.095 8F7 7.095 5r 7 - I..-M3 SF . 143 n 21 9 n 7,227 9F yw''" 65' 65' 65' 64' 85' of ro 166 6,915 SF N O 167 b 6.600 sr '0 110' O 168 '0 6,402 SF 'a 0.40 B 0 0 119' <192') o 7.250 SF 'a 105' 191 0 6.it5 SF .0 105' 190 - 6,528 9 0 _0 0 110' O 189 0 vei 6,600 SF 'a 110' 8 6.60018SF '0 10' 6.6,,7 Si 'a 1 0' 186fb 6.600 9 'o i t0' 185 '0 e,600 SF '0 172 n 173 - 174 - 175. 176 17 96 90 . .420 90 6.420 319 6.357 37°0 .022 060 11.366 60' 60' 60' 60' 72' 0.40% 1650.00' C3i t11(k2Tl©G f3 \2501`S( 110' 184 hi 6,600 SF 110' p 8,600 5F '0 0 0 0' z 182 0 6.600 9 '0 110' 181 0 6.6W 5F 'a 110' 180 - 6.595 9 i0 109' 179 u 6.507 Sr 100' 1h 178 10.01e 9 Jrd �a E37119 tMERG. ESCAPE CHANNEL PUMP STATION RETENTION BASIN 100 YR. 24 HOUR RUNOFF VOLUME. 270.702 CFS OR 6.2 AC, FT BASIN DEPTH. 5't 6' SID €3 R/W 6' SIDEWALK 66' 44' 10' 12' 12' 10' CURB A.C. PAVEMENT r. sAir A.C. r>i PAVEMENT i 2% CURB 6" CL II AGGREGATE BASE COMPACTED SUBGRADE TYPICAL STREET SECTION ALESSANDRO AVE & VERNON STREET C C NOT TO SCALE NORTH GRAPHIC SCALE 203 R/W 6' SIDEWALK ( IN FEET ) 1 inch = 100 11. OWNERS: ASSESSOR PARCEL NOS.: 434-230-001, 002 SAN JACINTO INVESTORS LAND FUND LP., A CALIFORNIA LIMITED PARTNERSHIP BY JDP INVESTMENT COMPANY, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER ASSESSOR PARCEL NOS.: 434-271-001 AND 434-250-001 SAN JACINTO INVESTORS LAND FUND L.P., A CAUFORNIA LIMITED PARTNERSHIP BY J011 INVESTMENT COMPANY, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER APPUCANT JO PIERCE COMPANY.INC. 2201 MARTIN ST„ STE 205 IRVINE CA. 92612 (949) 752-0676 DESCRIPTION REAL PROPERTY IN THE UNINCORPORATED AREA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: TENTATIVE TRACT NO. 32582, BEING A SUBDIVISION OF THE FOLLOWING: PARCEL 1: THE NORTH HALF OF FARM LOT 92 OF LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN ROOK 8, PAGE 357 OF MAPS. RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 2: LOTS 1 THRU 10 OF S.J. MEADS SUBDIVISION OF THE SOUTH -HALF OF FARM LOT 92 OF THE LANDS OF SAN JACINTO LAND ASSOCIATION, A5 SHOWN BY MAP OF SAID SUBDIVISION ON FILE IN BOOK 1, PAGE 40 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CAUFORNIA. PARCEL 3: THE NORTH HALF OF LOT 88 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA; EXCEPTING THE WEST 30 FEET AS CONVEYED TO THE COUNTY OF RIVERSIDE FOR A RIGHT OF WAY FOR PUBUC HIGHWAY AND PUBLIC UTILITY PURPOSES, BY DEED RECORDED OCTOBER 31, 1939 IN BOOK 435. PAGE 572 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PARCEL 4: FARM LOT 90 OF THE LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 PF MAPS, RECORDS OF SAN DIEGO COUNTY, CAUFORNIA: EXCEPTING THEREFROM A STRIP OF LAND 30 FEET IN WIDTH FOR STREET PURPOSES OVER THE NORTH SIDE AND THE EAST SIDE THEREOF. AS CONVEYED TO THE CITY OF SAN JACINTO 8Y DEED RECORDED MARCH 2, 1894, IN BOOK 11, PAGE 158 OF DEEDS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NO. 434-230-001. 434-230-002. 434-271-001. 01 434-250-001 GROSS ACREAGE 48.86t DENSITY 3.89 DU/AC NUMBER OF LOTS 192 PROPOSED ZONING R-2 EXISTING ZONING A-1-5, A-2-10, (PRE -ANNEXATION) PROPOSED LAND USE RESIDENTIAL ADJACENT LAND USE NORTH - AGRICULTURAL/VACANT EAST - RESIDENTAIL SOUTH - RESIDENTIAL WEST - RESIDENTIAL PUBLIC UTIUTIES GAS - SOUTHERN CAUFORNIA GAS CO. ELECTRIC - SOUTHERN CALIFORNIA EDISON CO. WATER - CITY OF SAN JACINTO SEWER - CITY OF SAN JACINTO TELEPHONE - VERIZON CABLE - AOELPHIA FLOOD PLAN ZONE C COMMUNITY PANEL #0602451490C 9/30/88 NOTE: 1. LOTS 'A' AND 'B' TO BE USED FOR PARK PURPOSES AND STORM WATER RETENTION. MAINTENANCE TO BE PROVIDED BY CITES' L.L. & P.D. 2. LOTS 'C'-'F' ARE OPEN SPACE AREAS TO BE OWNED AND MAINTAINED BY THE CITY'S L.L. AND P.D. 3. THE DEVELOPEMENT PLAN, AS REO'D. IN THE ALESSANDRO NEIGHBORHOOD, IS BY OTHERS. •PLANNING BLAINE A. WOMER •SURVEYING CIVIL CIVIL ENGINEERING •ENGINEERING CITY OF SAN JACINTO TRACT NO. 32582 SHEET NO. TWO WORKING DAYS BEFORE YOU DIG q � � g. I2/31/06 • PUBLIC WORK N et, CA. 92544. 41555 E FINNIC0 Ave., Suite F, Phone .09)658-1727 Fax (909)658-9347 R.C.E. NO. EXP. DATE _ Pork City, UT 84098. 5133 Cave Canyon Dr, 9302. Phone ax (435)615-1489 REV.} DA DESCRIPTIO DATE I APPROVAL TENTATIVE TRACT MAP OF 7 SHEETS Tm-r./- .2s9<' TENTATIVE TRACT MAP 30379 TENTATIVE TRACT MAP 30379 SHEET OF i I SCALE: 1' - 100' 8' SIDEWALK 3 Jbd 13)1 JVd TYPICAL STREET SECTION STREETS 'A','B', 'D', 'E', 'F NOT TO SCALE RESIDENTIAL R-1 i RESIDENTIAL R-1 8' SIDEWALK AC PAVEMENT BASE COURSE COMPACTED SUBGRADE ZONE A-1-5 SAN JACINTO CITY LIMITS 6' SIDEW SOUTHLAND ENGINEERING 66' TYPICAL STREET SECTION STREET 'C' NOT TO SCALE ZONE A-1-5 RIVERSIDE COUNTY VACANT R-1 h� PE �3 0,959 SF F, 101 P-87.7 4157 9 95 102 P04677.9 7,201 9 E09 P-641 8 7.245 9 104 7.35.3 95 b P05 E-68.33 E06 P-683 12,222 9 7, er 67.3 0 P.67 - 7.200 9 4r 0 9 7 174 E, 173 a 172 + 171 7P328 SF - 7..7S33 S"' l941 97 7.391111 6 1PE76 .9 7,703 9 8 PE 667.7 -7,567 57 9P177 E.5 -7.436 9 7r 21 6r 60 94 .300 tattePE 93 7,201 9 • b ,200 9F� 7.205 Si b 7170 P,W60SF 58' 7r Ig 178 -P-97.3 9P-87.1 7,205 9 7,510 9 70' PEO86. 4470 76 8.117 1! 107 PE.66., 7,214 9 100' 06' 66' 66' 9E08.9-Pt-68e7.7'.,PE10 .9E11 . ■EF11�15�22��Tp09[1136 S7701 9 �7.307 9 .7R6 9 .7, 9' ..1135 T 4245 sr 66' 4 VACANT R-1 - PROP. WATER UNE 2 1 � PE 67.3 7.200 9 10r r PE 8SAa 7.3 9 99' 1, . PE -677.7 7,202 9 101 PEb7.9 7.200 9 PE66.2 7A56 9 103 167 P 66.4 7,245 sr ,0 9568 .36.E 7,245 SF 105' 8 PE65 6 7.245 9 9 er "5"19N AV -NI 18 8' SIDEWALK AC PAVEMENT BASE COURSE COMPACTED SUBGRADE AUGUST 2002 TYPICAL STREET SECTION VERNON AVE. AND CAMINO LOS BANOS NOT TO SCALE 6' SIDEWALK AC PAVEMENT COURSE COMPACTED SUBGRADE ZONE A-1-5 RIVERSIDE COUNTY 60' 85-.. ' P.95.LP.H., 9P 54.9' P�64.76P8N 7,20 7306 SP-7,20593-7.2069"7.205 Sr 7.502 66 143 7..500 4 7' 9 66' 11 105 144 7,220 9i n 7P.05.4 ,30 9 66' 77 .63.9 00 7r .9719' 9P 84 142 '• R 7�i. rif if i .3 7A95s k P3.3 7.466 9 103' 101' b f PE1t. A.6 I: 5$$ P651M.6 7.210 9F 7.272 9 105 145 7,200 9F 148 71W9 10 104 184 pg P7 E-667.00 t 7822 4976SF 103 P-65.6 04, PF00 7,210 SF 7 .212 Sr 103' 139 7,210S k P6.45.2 �+ 7,272 SF 163 10 PE 6.4 162 P.67.4 7.457 9 109 161 P.67.6 7,525 SF 3 PE.966.e 7209 101 8 PE.�66.6 E 7,2E0 9 118 PE-66.1 7.201 9 10 E19 -ea 120 )? PE41 E.5 rem 9 0 101' P 1�A 8 5E1 67�0o 7.39E 9 7200 A 103 731P 0 ffZ APE-6f8665..44 7272 9 10 100' T00 57 29 r 7.200 S 7.700 100 08 20D 9 100 P2a5.1 7.20 9 P59.2 P46.5.1 720 9 7200 SF 26 P,65A n P 7.204 9F 7.200 W 137 ,o, 5� 7..210 Sr 79 t .6 136 49 P P .9 720 Sr 100' 61 .219 6. 25 4 66' 31 55 52 64 10032 ' P .5 a 100' �51 7,200'. 101 720233 essesso 9 y 1050 7,200 SF • PE.65.E 7.49, 9 100 -100'- 77 169 152 7 514E-060 R P-07.2 a 7362 9 105" 105 158 153 PE•158.2 is 7.245 7.201 PE9 65 157 ppEE06' 724 S 6 7.207 1 OS' 10r PE-886 n PE.077A 7A56 9 7.364 9 b. P1470.0 * 7.209,. 1103 �$ P-72.0 446E Sr 73 124 .70.0 125 -69,p9 P.2668.42Off-45 .-7,750 8F-.17.383 FS .4:4179 9 sr 10W 134 103 .349 9 ., P77868.4 7.200 9 PE.67.2 IC 7 100 7.2319 Pk., P7566.5 103 132 101 P7 0.6 7.247 1037.272 9 131 ]7,,2107S 71 P.887.0 102' 7.272 9 17,8 130 103 62 96' P2465.6 T.20 9 10 9T 6366.0 0 I: PE. P36 7.463 9 7.200 9 103 7 w• 22 7.200 S ..506E ^ �9f 101 00-05.1 7200 9 N P.64.3 • 7200 1,�99µ 2 7,M0 ! 103' 8 P285.4 a 7.100 Sr 7. 9T A 61 7,20• 09' 47 P-64.7 7.200 9 10' 00.55A t 7.2009 9T P4664.9 le 7.200 9 10' .B• 66.0 D P 7.200 S' 100 45 00.65.1 7.200 Sr 129 P-67.9 101' 7;310 9 = PE 7�6668pp ,.• '� J725F 18 or ,11,27 F )' P .0 6 70 i 7,57E9 r. 68' N. CAMINO LOS BANOS AVE. AGRICULTURAL R-1 31 r; so. �:. 6888.9 4 `5 PP66.3 0 7405 9 7.467 9 67 . PE487.1 P1664 7.500 9 7300 9 18 PE8867.1 lit, PgresF 7,500 9 "44 3 IOC, 66 , I ••-6 P,0.355 24 P-55., 7.2009 44 a0 0 9 101 104' 8 . /00 04,4 M 7 7.8 3 2 7 S ^ W 0 40 43 6E4465.5 7,200 9 10 42 0 37 68 12 1666.5 4436.4 14 7.683 59 74' 13 11 9 10' yyI• E1.665.6 1r 7. 7F7 12 46'Q 70' \ ---,_ 6 NOTE: THERE ARE NO EXISTING STRUCTURES TO BE REMOVED OR RELOCATED. ACI O CITY LIMITS A-2-10 crSi FI I - 100' 100' 50' 0 50' 100' 200' 300' TE VICINITY MAP NOT 10 SCALE OWNER GIADYS POLVERINI 1178 ARDEN ROAD PASADENA, CA 91108 (626) 833-5711 DEVELOPER CELSO POLVERINI 1178 ARDEN ROAD PASADENA, CA 91106 (826) 833-5711 LEGAL DESCRIPTION A PORTION OF LOT 195 OF LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS RECORDS OF SAN DIEGO CO. CA ASSESSOR'S PARCEL NO. 434-300-002 434-300-011 434-300-012 434-300-013 REPRESENTATIVE SOUILAYB) ENGINEERING 2200 BUSINESS WAY. STE 100 RIVERSIDE. CA. 92501 (909) 788-8488 ALLEN W. MARTIN, LS 5306 ACREAGE TOTAL ACRES NET 46* Ac. N0. OF LOTS EXISTING:- 1 N0. OF LOTS PROPOSED:- 181 MIN. LOT SIZE: 7200 SF DENSITY: 4 D.U./AC. ZONING AND LAND USE R-1 R-1 RESIDENTIAL SINGLE -FAIR EXISTING PROPOSED UTILITIES cos ELM WATER TELEPHONE SOUTHERN CAUFORNIA GAS CO. 1981 W. LUGONIA AVE. REDLANDS, CA 92374-9720 1-800-427-2200 SOUTHERN CAUFdRN*A EDISON CO. 28100 MENIFEE RD. ROMOLAND, CA 92585 (909) 928-8251 EASTERN MUNICIPAL WATER DISTRICT 2270 TRUMBLE RD. PERR15, CA. 92570 (909) 928-3777 EASTERN MUNICIPAL WATER DISTRICT 2270 TRUMBLE RD. PERRS, CA. 92570 (909) 928-3777 VERIZON 150 S. JUANITA HEMET, CA. 92543 (909) 929-9412 0 m z Zi m ■ 39Yd 13)1OVd CO 162 ESPLANADE �.... SAN ;JACINTO'. 0113 32 Z R 0 Z SD TO DRA BASIN FOR TRH 30379J1 r 7 5. 1 15200 SF PE=59.7 - 830 SF PE=60.0 3 PE=60.3 c+ 02 -9002, S.F. 110' 4 la PE=60.5 r 8 9026 S.F. 0 110' I 5 0 PE=60.8 '9026 S.F. 1f0 6 T PE=61.0'ea 89026 S.F K 110' In 7935 S.F.00 PE=60.5 100' 9 m 7935 S.F. PE=61.0 100' 7823 S. PE-61, A 1B I� -07 M0 74118 S.F. PE=63,6 8824 S.F. 1708639 S.F. PE=64.7 38 PE=65.0 14427 S.F. 42 9390 5 9 9576 5: PE=64.7 12633 S. PE=65.0 SD TO Tit TO MDP LINE J-3 APW al233"©70.0499 ZONE-H-1 \ 49 11150 5F PE=65.9 0 48 7550 SF PE=65.6 0 47 7690 5F 0 PE=65.4 46 77810-SF FE=65.1 eN 45 7700 SF PE=64.9 7700 5F PE=64.6 25 81 SF PE=64.3 32 w 7310 S.F. PE=63.9 110' 31 0' 7202 S.F. > PE=63.7 r o STREET o. 26 9814 SF PE=64.1 IN THE CITY OF SAN JACINTO TENTATIVE TRACT NO. 33862 8830 PE=66. 7370 SF / PE=65.6 7480 SF PE=65.4 1 S59 9b005 19 8695 SF PE=66.5 18 7752 SF PE=66.3 27 `° 8325 SF L. PE= 7647 PE- 109 222F 2I( PE 61 9 m 109' 121 9 7228 PE I1D \ 121 CB 7233 S.F. m PE 62411- F- 0' 41 0 120 D. 8 m 7204 S.F. m VJ PE=62.J 106'_ 119 01 �7303 S.F. 4 PE=62 9 118 3804 S.F. , PE=63.2 y,5 117 11391 S.F. PE=63.2 F46T00I BAUBN SEAL Underground Service Aler Catll TOLL FREE 1-800 227-2600 \I 258 126 6328 S.F. 7606 S.F PE=63,4. PE=62.7 141 72PE .4F. 0 40% 72' I , ( 6a' 6 1 _ 12774 1284 129 J707 S.F 7707 S.F 7707 S.F. YE 63 1 PE=53.4 PE_63 7 65 65' 65' 536' STREET 'G' 72 T 72' 72 7386s'i 37. = 136 3�iop230 S.F 47230 S. tl? �C dEJUAL /� 30 ko 131 i6 852_ 707 F T708 S F, 9741 S.F. E 6 0 PE 6 .4 I pl 64,5 65 65 81' `2072PE30=64.0 S.F 145 07230 S.F.o 230 S.F ,PE=64.316.PF=04=6 0 135 o7,330_ S. 46 _ 147 S,F o7230 S.F 4.9 o PE=65.1 1562 72' 72' ,, 7�_ 72' 646' ST'F' 1 1 5 '" 1/1 4 '"'/ 7408 S.F. • 00 5.F )260 S.F>Z00 5.F 7/L60 5. PE=63.4 -63 7 E=64.0 PE=64.3/PE=64. 0' 1 _D LANDSCAPED ACCESS Td SCHOOL SEAL e' 46354 2/31/08 0,10M F rAt G K rS,F'. D329 S.F. PE-64.3 76' 748j o 293 PE=6 14 7472 SF TT. PE=65.3 PE=65.0 a9059 5F. 9 PE963.8S.F 100 476 S.F. 64.0 101 8609 S.F. J PE-64.3 / 13fi 102 8830 S.F.1 ' PE 645I AMENDED' NO.1841 R/W ,oh 54 7357 SF PE=66.8 sg, PE=67.3 66 9172 PE=67,1.1 4g 67 924 SF 2 f PE=67.3 9442 9 PE=65.4 e 68 8583 SF PE=65.0 LOT :'A PARK 1.16 ACRE; 0 = 8254 5A PE 64 9557 S.F. PE=67.0 114' •PE=67.5 105 I 120' m 10574 S.P PE=65.3 A 6�; 55 ` \ 1(16 ( 97 ,j /9PE=67.3544 S.F - - / 1 132' -7-6634F. N 1 PE-65.1 IS 168236 5F, E- 0109 0108 4. 107 PE=6.a 7100 SFf7221 SF{ 6568 S.F. \ =65.4:i PE=65.51 PE=65.4 1326' ^- 156 V ASO37S-1 (UNDEVELOPED) AMBERLIGHT ROAD APPROVED BY: PREPARED BY: DATE DATE / 95 m 8948 S.F PE=67.6 4553 S.F. PE=67.8 PE=67.8 70 9975SF G PE=85.3 S_ ss 84721 SF PE=65,6 12 .9 S.F. =66.3 8 91 8r5.F. PE=87.2 162' r 90 H 12 9027 $ F. PE=6714 V 9 I I PE=6 6 115'\ 9$ 107y5 S.F. PH=67.8 14528 S.F. PE=67.8 9 64_. 9425 SF PE=67.8 25' �APPEBAC SE LA SE 8=. Ul PE DE UI ELINES PROP. DECELERATION LANE LENGTH iT0'BE DETERMINED j DURINOU�E3161J_('JJ °5 57 7572 5F PE=67.6 79876SF PE=67.8 7721 7721 SF PE=68.1 a47-6) 7767 SP- • PE=68.4 18 ' 8336 SF 7389DSF PE=68.4, 110" F 12' 14' AC PAV'MT CURB - COMPACTED SUBGRADE-11 BASE COURSE 13680 5F PE=66.0 41' s0'7 ao 2 85 9215 SF- - P6Ple/O 89' 0.40% lot„ - C 'SIREET"177 66' 70' 76 64SF o 72103SF' PE-67.2 ` PE=67.5 -7520 SF FEo 7.5 APA-110-071/ 5 CURB 2% CURBED MEDIAN TYPICAL STREET SECTION RAMONA EXPRESSWAY NOT TO SCALE 53' BASE COURSE OMPACTED SUBGRADE 12' LAN DSC SEE 25' E S4: CK NDSCAP. R/W E=66.5 SAN JACINT0 / AM �"�7,-110-015 S ICE RANCH INC. AIM E45a`Hi 10-2112� . ZONE-R-1 JACINTO 7�ONIE-GT�� c // SPICE NRANCH INC. SAN JACINTO \' SPICE RANCH INC. NORTH R/W AC PAVEMENT CL 11 AGGREGATE BASE COMPACTED SUBGRADE TYPICAL STREET SECTION STREET 'A' - PROP. 6' HIGH BLOCK WALL SIDEWALK PROP. CURB TYPICAL SECTION FOR NOISE MITIGATION PROP. ACCELERATION LANE LENGTH TO REDETERMINED DBR/NG DES16N. PHABF - 9 SF 66.0 ,APN TDU 110-02J 5i SAN CI SPICE RANANCHH INC. RAMONA EXPRESSWAY NOT TO SCALE R/W y_11' 6' SIDEWALK rCURB A.G. PAVEMENT 6" CL II AGGREGATE BASE COMPACTED SUBGRADE TYPICAL STREET SECTION CAMINO LOS BANOS, SOUTH OF STREET AND ALL OF VERNON AVENUE GRAPHIC SCALE 0 400 ( IN FEET ) 1 Mach = 100 ft. • PLANNING BLAINE A. WOMER *SURVEYING CIVIL'ENGINEERING 'ENGINEERING •PUBLIC WORKS NOT TO SCALE EWALK R/W OWNERS- SAN JACINTO INVESTORS LAND FUND L.P. A CALIFORNIA LIMITED PARTNERSHIP 2222 MARTIN STREET, STE 100 IRVINE CA, 92612 (949) 752-0676 ALBERT HOFFMAN REVOCABLE TRUST 425 S. CHERRY STREET DENVER, CO 80256 IRWIN HOFFAM AND TERRY PODERS HOFFMAN 1240 WESTLAKE BOULEVARD. SUITE 211 WESTLAKE VILLAGE, CA 91361 APPUCANT JD PIERCE COMPANY.INC. 2222 MARTIN ST., STE 100 IRVINE CA. 92612 (949) 752-0676 DESCRIPTION REAL PROPERTY IN THE UNINCORPORATED AREA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: TENTATIVE TRACT N0. 33862, BEING A SUBDIVISION OF THE FOLLOWING: PARCEL is THE NORTH HALF OF FARM LOT 92 OF LANDS OF THE SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8, PAGE 357 OF MAPS, RECORDS OF SAN DIEGO COUNTY, CALIFORNIA. PARCEL 2: LOTS 1 THRU 10 OF S.J, MEADS SUBDIVISION Or THE SOUTH -HALF OF FARM LOT 92 OF THE LANDS OF SAN JACINTO LAND ASSOCIATION. AS SHOWN BY MAP OF SAID SUBDIVISION ON FILE IN BOOK 1, PAGE 40 OF MAPS, RECORDS OF SAN DIEGO COUNTY. CALIFORNIA. PARCEL 3: LOTS 1 THROUGH 8 OF OLMSTEAD'S SUBDIVISION OF TRACT VI,' AS SHOWN BY MAP ON FILE IN BOOK 4 PAGE 261 OF MAPS. RECORDS OF SAN DIEGO COUNTY, CAUFORNIA. EXCEPTING THOSE PORTIONS WITHIN THE LAND CONVEYED TO THE SAN JACINTO SPICE COMPANY 8Y DEED RECORDED NOVEMBER 16, 1971 AS INSTRUMENT N0. 131001 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CAUFORNIA. PARCEL 4: FARM LOT 194 OF LANDS OF SAN JACINTO LAND ASSOCIATION, AS SHOWN BY MAP ON FILE IN BOOK 8 PAGE 357 OF MAPS, RECORDS OF SAND/EGO COUNTY, CAUFORNIA. ASSESSOR'S PARCEL NO. 433-070-044; 433-110-020, 028, 029, 031; 434-190-002, 003, 004 GROSS ACREAGE 44.72 AC DENSITY 3.31 DU/AC NUMBER OF LOTS 148 & LOTS 'A' THRU 'C' WITHOUT SCHOOL 98 & LOTS 'A' THRU 'C' WITH SCHOOL PROPOSED ZONING R-1 EXISTING ZONING R-1 PROPOSED LAND USE RESIDENTIAL ADJACENT LAND USE NORTH - AGRICULTURAL/VACANT EAST - AGRICULTURAL/VACANT SOUTH - RESIDENTIAL WEST - RESIDENTIAL PUBUC UTIUTIES GAS - SOUTHERN CALIFORNIA GAS CO. ELECTRIC - SOUTHERN CALIFORNIA EDISON CO. WATER - CITY OF SAN JACINTO SEWER - CITY OF SAN JACINTO TELEPHONE - VERIZON CABLE - ADELPHIA FLOOD PLAIN ZONE C COMMUNITY PANEL 40602451490C 9/30/88 NOTE: 1. LOT 'A' IS TO BE USED FOR PARK PURPOSES. 2. LOTS B'&'C' TO BE USED FOR LANDSCAPE PURPOSES. 3. DUE TO THE UNCERTAIN NATURE OF THE SCHOOL DISTRICTS ACQUISITION OF THE POTENTIAL SCHOOL SITE, THIS PROJECT SHALL BE APPROVED FOR THE TOTAL OF 148 LOTS. 66' A 10' c. 12' 12' 10' CURB - A.C. PAVEMENT ._25 CURB CL 11 AGGREGATE BASE R/W 7' LANDSCA SEEBAC 6' SIDEWA COMPACTED SUBGRADE TYPICAL STREET SECTION CAMINO LOS BANOS, NORTH OF STREET 'J' NOT TO SCALE CITY OF SAN JACINTO J.D. PIERCE COMPANY TENTATIVE TRACT 33862 AMENDED NO. 1 SHEET NO.: 1 RKING DAYS BEFORE VOIJ DIG EXP. DATE 12-31 08 Hemet, CA. 92544, 41555 E Florida Ave., Suite G. Phone <9511658-1727 Fax <9510658-9347 Park CIty. UT 04098, 5133 Cove Canyon Dr, x302, Phone/Fox 1435)615-1489 REV. DATE DESCRIMION 04 OF SHEETS! AGENDA ITEM 5.1 October 1, 2013 TO: The Honorable Mayor and Members of the City Council FROM: Rick Miller, City Clerk SUBJECT: Presentation on the Bay Delta Conservation Plan Update RECOMMENDATION: The presentation will be given by Paul Jones of EMWD. It is to update the City Council on the Conservation Plan in the Bay Delta. In addition to the presentation, EMWD is asking the City Council to adopt a resolution of support in regards to the Bay Delta Conservation Plan, Reliable Water Supplies and Environmental restoration ALTERNATIVES • Do not approve the Resolution FISCAL IMPACT ATTACHMENTS • PowerPoint Presentation from EMWD • Resolution of Support regarding the conservation plan PACKET PAGE: 71 CL 1NOVd WATER DISTRICT - SLNCE i4iO Bay Delta Conservation Plan Update San Jacinto City Council Paul D. Jones II, P.E. General Manager, Eastern Municipal Water District October 1, 2013 vs IAI31I VaN3OV i7L 3Jbd J >1Jbd EMWD Overview, products and services c. • Overview: O 542 square -mile service area - population of 768,000 o Serving seven cities and unincorporated areas o One of 26 member agencies of the Metropolitan Water District of Southern California (MWD) • Potable (Drinking Water): 136,478 accounts O 83,332AF sold in 2011/2012 o Sources: Imported Water from the Bay Delta and Colorado River Groundwater Wells (including San Jacinto Basin) Menifee & Perris Desalters • Wastewater: 226,000 accounts • Recycled Water: 270 accounts O 34,679 AF sold in FY 2011/2012 One of the largest in California EAsTTI.:•:liiJN] lF:1i A T C T R.: wwwemwd.org 2 �'S W31I VON3OY MIKabd 13>i rff T EMWD's Total Water Supply Portfolio L Imported Water Supply from MWD: 71,200 AF 56% SWP/CRA Delta (SWP) 30% Colorado Rive (CRA) 11% Raw Water 15% Wells / 12% Recycled Water 28% EASTERN MUN]CIP.Af. WATE`IBTR rC T Local Water Supply: 56,800 AF 44% Desalination 4% wwwemwd.org 3 9L =]Jbd l]>1GVd The Bay -Delta: The - A ter "Hu " r Project a c) m z EASTERN MI lC[p,v. WATER Sink,. r.., • Drinking Water for 25 Million Californians • Irrigation for half of the nation's fruits & vegetables • 558,000 acres in agricultural production • $27 billion agricultural economy emwd. org AGENDA ITEM 5.1 PACKET PAGE: 77 8L 3Jbd 1)IJbd Bay Delta: A Valuable Ecosystem • Over 750 plant, bird, animal and fish species, including: o Over 50 different fish species o Over 225 bird species • More than 40 threatened or endangered species Delta Ecos stem EASTERN MUN]C IrAi_ WATER D[ S T R.: . 5INCT1430 o 1 www.emwd.org 6 �'S W31I VON3OY =1:01MINCOVA Key Delta Risks 1,800 1,600 1,400 1,200 1,000 800 600 400 200 0 1967 EASTERN MI "VrtrAl • — . _ ar" __-• • . ••• •, Fishery Declines Delta smelt 1 1973 1979 1985 1991 1997 2003 2009 p Seismic Risk Bay Area Faults Sea Level Rise IMwvwd.org 7 -5-8111-k-11117D11-13 08 :3Jbd 1)I3Vd Bay -Delta Conservation Plan Overview • Plan Based upon achieving Co -equal Goals: o Habitat preservation and enhancement o Water supply reliability and security • Multi -species approach to endangered species protection, habitat conservation, and other stressors control • Conveyance improvements • Regulatory assurances o Long-term operations permit o Coverage for existing and future listed species o Regulatory obligations defined upfront o Habitat Conservation Plan (HCP) and Natural Communities Conservation Plan (NCCP) C• aS:3RN MI5N3 -IPAT. ^_l D!S1 F L,_7 www.emwd.org 8 �'S W31I VON39d 1.8 :3Jbd 1)I3Vd Environmental Impact Report Alternatives • Conveyance and Habitat Alternatives: o No action o Dual conveyance/up to 113,000 acres of habitat o Dual conveyance with smaller pipeline/tunnel o Fully Isolated conveyance o Dual conveyance with additional habitat restoration and smaller pipeline/tunnel o Through Delta conveyance with screens at Cross Channel and Georgiana Slough • Additional analyses: o Conveyance capacities (3,000/6,000 o Operational alternatives EASTERN MUN]C IrAi_ WATER D[ S T R.: . 5INC111430 www.emwd.org 9 vs IAI31I VaN3OV Three intakes/pumping plants State-of-the-art fish screens Forebay temporarily stores water pumped from river Two 26-ft gravity flow tunnel - (35 miles long; 9,000 cfs) Operated as "Dual" Conveyance - - o Through -Delta flows o Isolated facility Cost: $12 to 14 billion including direct mitigation (MWD 25%) o $5-$6 per household/month 3 nnels EASTERN MIiNRTWAi. WATER D I =7 P Sacrament North Diversion Diversion a.'. Preliminary S bjct to Revision -5-111TM1117D1-1-13 ► E9 3Jbd J )1Jbd 1 CP• Ecosystem Restoration • Ecological Conservation o Biological goals/objectives Nearly 60 species o Accelerated habitat restoration 30,000 acres of aquatic habitat over the next 15 years o Restoration Costs: $3.6 billion EASTERN MUN]CIP.Af. WATE`IBTR rC T r. h Restoration & Preservation Targets New Floodplain Up to 10,000 acres Tidal Habitat Up to 65,000 acres Channel Margin 20 Levee Miles Riparian Up to 5,000 acres Grassland Up to 10,000 acres Other (Vernal pool, nontidal marsh, and alkali seasonal wetland) Up to 13,000 acres TOTAL Up to 113,000 acres www.emwd.org 11 VS IAI31I VaN3OV 18 :30`dd J )1OVd Importance of Bay -Delta Improvements EASTERN MUNICIPAL WATE`IBTR rC T • Contributes toward a diverse water supply portfolio and provides additional supplies in wet years for storage • Protects against catastrophic levee failures including earthquakes: o Minimal water exports 1.5 to 3 years o Potential $40 billion state economic impact • Provides 734,000 jobs • Improves water quality which facilitates local supply and management, such as recycling and groundwater storage Supply Salt (TDS - mg/I) Lbs. of salt/acre foot Colorado River Water -500 to 700 mg/I 1,360 to 1,900 I bs./AF State Water project (current) State Water project (with conveyance) -250 mg/I -100 mg/I www.emwd.org 12 �'S W31I VON391/ 88 :3Jbd 1)I3Vd Water Supply Costs $ per acre foot of water $2,500 $2,000 - $1,500 $1,000 $500 $0 ,401! 1 $40 1 Imported water Groundwater Desalinated Recycled Water Ocean from MWD Wells EASTERN 111.1N1c:[r.AE. WATER ^I<rr•. Groundwater Desalination EMWD Supplies Indirect Potable Reuse Other Supplies www.emwd.org 13 vs IAI31I VaN3OV 99 :3Jbd 1)I3Vd • Proposed Timeline o Draft BDCP and EIR/S o Finalize BDCP and ROD o Habitat Restoration o Tunnel Construction EASTERN 1.41JN1C:1r.AE. WATER ^I:rr•.:. Fall 2013 Winter 2014 2010-2050 2016-2026 www.emwd.org 14 �'S W31I VON391/ L8 :3Jbd 1)I3Vd EASTERN MUN]C:IP.Af. WATER .`IBTR rc T .I1i:1: I•})L1 • • Use available resources to educate yourself: o http://baydeltaconservationplan.com o www.emwd.org • Express support to Secretary of the Interior other administrative officials • Voice your support for the BDCP to our local legislators o Members of the House o State Senators and Assembly Members • Help us get the word out, share your knowledge and recommend or refer us to give presentations to other civic organizations • Adopt a resolution supporting the BDCP and the Preferred Alternative (9,000 cfs) www.emwd.org 15 vs IAI31I VaN3OV 99 13NOVd 4111111111111111110EASTERN MUNICIPAL WATER DISTRICT SLNL-E i490 Questions? Paul D. Jones II, P.E. General Manager Eastern Municipal Water District joriesp@emwd.org 951-928-6130 Ad= 0 m z v m 3 N AGENDA ITEM 5.1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF SAN JACINTO ) RESOLUTION NO. A RESOLUTION OF THE CITY OF SAN JACINTO IN SUPPORT OF THE BAY DELTA CONSERVATION PLAN, RELIABLE WATER SUPPLIES, AND ENVIRONMENTAL RESTORATION WHEREAS, the Sacramento -San Joaquin Delta is a 550,000-acre estuary where the rivers of the Sierra Nevada merge before heading west to San Francisco Bay; and WHEREAS, water supplies from Northern California that traverse across the Delta are vital to California, providing water for 25 million people from the Bay Area to the Mexican border; and WHEREAS, the Delta is in a state of environmental decline due to the loss of wetlands habitat, invasive species, pesticide runoff, pumping operations and other stressors; and WHEREAS, the decline in the Delta's health threatens this unique environment and water supplies that are key to California's farming communities and the state's overall $1.7 trillion economy; and WHEREAS, the Delta's levees are not engineered to protect the state's water supply distribution system from a major earthquake, and multiple levee failures could disrupt water deliveries and the state's economy for up to three years; and WHEREAS, experts predict that there is a 66 percent probability of a 6.5 or greater magnitude earthquake within the Delta by 2032; and WHEREAS, state and federal agencies, via the Bay Delta Conservation Plan (BDCP) process, have worked for seven years towards developing a comprehensive package of ecosystem and water system improvements to address both current conflicts in the Delta and long-term threats to the state's water supplies; and WHEREAS, BDCP represents an effort to comply with state and federal environmental laws for fifty years through a cooperative effort to reverse the Delta's decline, and WHEREAS, the cost -benefit analysis identifies the 9,000 cubic feet per second, twin tunnel option as superior, with a net economic benefit of $4.5 to 5.5 billion, offering the best value that also effectively accomplishes key environmental objectives; and PACKET PAGE: 89 AGENDA ITEM 5.1 WHEREAS, the smaller facility (`portfolio -based alternative') is inferior in several ways, including its net economic benefit of negative $1.1 billion; and WHEREAS, the failure to take decisive action represents an unacceptable risk to the Delta, environment, economy and lives of 25 million Californians; and WHEREAS, the State and Federal Administrations have agreed to a comprehensive set of actions outlined in the Administrative Draft of the Bay Delta Conservation Plan that includes Delta water conveyance improvements to protect public water supplies, habitat restoration and enhanced conservation efforts. THEREFORE BE IT RESOLVED that the City of San Jacinto supports the current Bay Delta Conservation Plan process, the 9,000 cubic feet per second twin tunnel option and the concepts in the plan advanced by the State and Federal Administrations. The City of Perris urges the state and federal agencies to continue progress on releasing a public draft of the plan for review and comment in the Fall of 2013 to ensure that the final BDCP plan meets the co -equal goals of ecosystem restoration for the Delta and reliable water supplies for California. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the day of , 2013 by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ATTEST: Richard Miller, City Clerk City of San Jacinto Mark Bartel, Mayor PACKET PAGE: 90 AGENDA ITEM 5.2 October 1, 2013 TO: The Honorable Mayor and Members of the City Council FROM: Sharon Paisley, Development Director Habib Motlagh, City Engineer SUBJECT: Proposed Five -Points Intersection Roundabout RECOMMENDATION: Staff recommends that the City Council discuss and provide direction regarding the proposed roundabout at the Five -Points Intersection (Main Street/Ramona Boulevard/San Jacinto Avenue). DISCUSSION: In March 2010, the former San Jacinto Redevelopment Agency conceptually approved a multi -year Downtown Revitalization Program including the design and construction of facade and capital improvements, the utilization of incentive programs, as well as the planning and construction of new development consisting of senior housing, civic and mixed uses. The Redevelopment Agency undertook the first component of the Downtown Revitalization Program in March 2011 by entering into a contract with 30th Street Architects. The scope of work entailed the preparation of an overall design concept and drawings in the 12-block downtown area as well as detailed construction plans for the front and rear block faces and alleyways on the 100 block of East Main Street between South San Jacinto Avenue and Sheriff Avenue. The facade design was approved in September 2012, and construction documents are slated for completion by October 2013. The second component included the solicitation of requests for proposals of a Downtown Specific Plan in May 2011. Pursuant to AB 1X 26 and 1X 27, a stay was placed on all Redevelopment activities on June 30, 2011. Thereafter, the Redevelopment Agency was dissolved on February 1, 2012. Consequently, Redevelopment funds are not available for the construction of the facade improvements or the balance of projects referenced above. During the spring of 2012, the City Council expressed its desire to continue with Downtown Revitalization efforts while at the same time, preserving the General Fund. In April 2012, the Land Use Subcommittee and staff met with City of Yucaipa PACKET PAGE: 91 AGENDA ITEM 5.2 representatives and toured the recently constructed roundabouts and street improvements in Uptown Yucaipa. Thereafter, the City Council allocated $50,000 from Highway 79 Relinquishment Funds in the Fiscal Year 2012-13 Budget to retain an engineering consultant to determine the feasibility of a roundabout at the Five -Points intersection. On February 19, 2013, the City Council reviewed RK Engineering Group's conceptual layout for the roundabout, and directed staff to proceed to the next level which included the preparation of the geometric design, identification of potential conflicts, and obtaining peer review by the County and other agencies. In addition, a traffic analysis was conducted comparing existing conditions with the traffic signal and the proposed roundabout, and reflects the roundabout will improve the level of service and reduce delays (see attached Level of Service Analysis). If the City Council wishes to continue with the project, the final design and engineering can be accomplished at a cost not to exceed $50,000 and paid from Measure A Funds. The cost to construct the roundabout is estimated at $400,000 to $500,000 depending on the design complexity and maintenance requirements. Funds for construction will be requested either mid -year or next fiscal year; and the source of funding will be determined at that time. ALTERNATIVES: 1) Authorize staff to proceed with the final design of the proposed roundabout. 2) Direct staff to not proceed with the proposed roundabout. 3) Provide staff with further direction. FISCAL IMPACT: The proposed final design and engineering costs will be at a cost not to exceed $50,000 and paid by Measure A Funds (Fund #022). The increase will be added to CIP #13-001 (Five -Points Roundabout). ATTACHMENTS: • San Jacinto 5-Points Roundabout Level of Service Analysis PACKET PAGE: 92 SAN JACINTO 5 POINTS `AENDA ITEM 5:2 LEVEL OF SERVICE ANALYSIS City of San Jacinto, California PACKET PAGE: 93 RI( engineering group, inc. AGENDA ITEM 5.2 RK engineering group, inc. transportation planning • traffic engineering acoustical engineering • parking studies August 14, 2013 Ms. Habib Motlagh CITY OF SAN JACINTO c/o Tri-Lake Consultants, Inc. 170 Wilkerson Avenue, Suite D Perris, CA 92570-2200 Subject: San Jacinto 5-Points Roundabout Level of Service Analysis Dear Mr. Motlagh: Introduction RK ENGINEERING GROUP, INC. (RK) has completed a traffic analysis of the proposed 5-Points Roundabout (Exhibit A), in the City of San Jacinto. Based upon our recent meeting, RK has analyzed the 5-Points Intersection, both as the proposed roundabout (Exhibit A) and based upon the Existing conditions as a traffic signal. The results of this analysis have concluded that the roundabout will function at a better level of service and will have fess delay than the existing traffic signal. Based upon the results of RK's analysis, the proposed roundabout would function significantly better than the existing traffic signal for both Existing and Future (Year 2035) conditions. Analysis The 5-Points Roundabout consists of the intersection of San Jacinto Avenue, at Main Street, and at Ramona Boulevard. Existing traffic volume data was collected during typical peak hours (7:00 AM to 9:00 AM and 4:00 PM to 6:00 PM) for the intersection. Since this is a 5-points intersection, the traffic volumes entering and exiting each of the approach and departure legs were obtained for existing conditions. This was necessary to properly analyze the intersection as a proposed roundabout. Copies of the traffic volumes are included in Appendix A. Year 2035 traffic volumes have been estimated based upon an annual average growth rate of 3% per year over a period of 22 years. This increased traffic by 66% over existing conditions. RK utilized the computer program SIDRA to analyze both the proposed roundabout and existing traffic signal operations. This program is specifically used for roundabout traffic analysis and includes inputs for traffic volumes, turning movements, peak hour factor, and existing and proposed roadway geometrics. The results of the SIDRA level of service analysis are shown in Table 1. The analysis has been completed for both PACKET PAGE: 94 4000 westerly place, suite 280 newport beach, california 92660 tel 949.474.0809 fax 949.474.0902 http://www.rkengineer.com AGENDA ITEM 5.2 Existing and Future (Year 2035) conditions. The level of service analysis has been performed for each of the approaches of the five (5) legs of the intersection and the overall intersection itself. This analysis has been prepared for both the roundabout and existing traffic signal. The results of the Level of Service (LOS) analysis are summarized in Table 1. As shown in Table 1, the overall level of service for the roundabout for Existing conditions is LOS A during the AM and PM peak hours. For Year 2035 conditions, the overall level of service with the roundabout is LOS C during the AM and PM peak hours. For the existing traffic signal operations, the overall intersection is estimated to operate at LOS F, for both Existing and Year 2035 conditions, during the AM and PM peak hours. As noted in Table 1, the level of service for various approaches varies in level of service depending on the various traffic movements. The SIDRA computer worksheets are included in Appendix B. Based upon the SIDRA analysis, the roundabout will function with considerably less overall delay than the existing traffic signal operation. Conclusions RK Engineering Group, Inc. has completed a traffic analysis of the 5-Points Intersection, in the City of San Jacinto. The analysis has reviewed the proposed roundabout and existing traffic signal for both Existing and Year 2035 conditions. Based upon this review, it has been determined through the SIDRA program that the roundabout will function with less delay and operate at a better level of service than the current traffic signal. The one -lane roundabout design is adequate for the Year 2035 conditions. RK appreciates this opportunity to work with the City of San Jacinto on this important project. If you have any questions regarding this study, please call me at (949) 474-0809. Sincerely, RK ENGINEERING GROUP Robert Kahn, P.E. Principal Attachments XC: Ms. Sharon Paisley, City of San Jacinto RK: mn'RK70009. doc 2 JN:0328 2073 07 PACKET PAGE: 95 AGENDA ITEM 5.2 Exh i b its PACKET PAGE: 96 Exhibit A 5 Points Roundabout L6 :DJ`dd _LDNOVd INST CURB & GUTTER - INSTALL CURB & GUTTER -INSTALL CURB & GUTTER WIIA-2 WI 6-7P INSTALL YIELD UNE MARKINGS (SEE DETAIL PER THIS PAGE) (TYPICAL) CONSTRUCTION NOTES: 0328 13 0I (ExA) SAN JACINTO 5 POINTS ROUNDABOUT LEVEL OF SERVICE ANALYSIS, City of SanJacinto, CA !1 INSTALL CURB & GUTTER W 11A-2 �1 W16-7PRI I C r I! 14 , • , S' •yam W11A-2 W16-7P INSTAL CURB & GUTTER • / INSTALL CONTINENTAL CROSSWALK CSEE DETAIL PER THIS PAGE) (TYPICAL) W11A-2 Rd-7 W16-7P INSTALL TRUCK APRON W1 1A-2 W16-7P INSTALL CURB & GUTTER W11A-2 W16-7P -INSTALL CURB & GUTTER MAIN STREET l -INSTALL CURB & GUTTER NOT TO SCALE RI( engineering group, inc. VS W31I VON39V AGENDA ITEM 5.2 Tables PACKET PAGE: 98 AGENDA ITEM 5.2 Table 1 San Jacinto 5-Points Roundabout Level of Service Analysis Level of Service with Roundabout Approach Existing Conditions Year 2035 Conditions (3% Per Year Annual Average Growth) AM PM AM PM Delay (Seconds) LOS Delay (Seconds) LOS Delay (Seconds) LOS Delay (Seconds) LOS San Jacinto Avenue (NB) Main Street (WB) San Jacinto Avenue (SB) 6.2 A 6.8 A 8.5 A 7.1 A 7.8 A 8.9 A 11.1 12.3 21.4 B B C 15.6 C 16.6 C 25.2 D San Ramona Boulevard (SEB) 8.8 A 8.1 A 24.2 C 18.7 C Main Street (EB) 7.0 A 7.5 A 12.8 B 15.0 B Overall Intersection 7.5 A 7.8 A 16.9 C 18.2 C Level of Service with Traffic Signal Approach Existing Conditions Year 2035 Conditions (3% Per Year Annual Average Growth) AM PM AM PM Delay (Seconds) LOS Delay (Seconds) LOS Delay (Seconds) LOS Delay (Seconds) LOS San Jacinto Avenue (NB) 205.2 F 123.1 F 551.5 F 1718.4 F Main Street (WB) San Jacinto Avenue (SB) San Ramona Boulevard (SEB) Main Street (EB) 16.3 B 214.3 F 36.1 D 1353.1 F 65.5 E 69.7 E 17.3 B 27.5 C 25.8 C 28.2 C 229.5 259.6 151.4 F F F 698.8 F 573.2 F 429.5 F Overall Intersection 109.1 F 87.5 F 328.3 F 1136.6 F j: Arktables\RK 10009TB. xls 1N:0328-2013-01 PACKET PAGE: 99 AGENDA ITEM 5.2 Appendices PACKET PAGE: 100 AGENDA ITEM 5.2 Appendix A Traffic Volumes PACKET PAGE: 101 City of San Jacinto N/S: San Jacinto Avenue ENV: Main Street - Ramona Boulevard Weather: Sunny Counts Unlimited, Inc. PO Box1178 Corona, CA 92878 (951) 268-6268 Ramona BouIovai w Wsa — C to 0n San Jacinto Avenue Out In Total I 207'1 I 2481 I 4551 I 2 211 2201 5 Hard 1 Right Thru Left Ri' ht Peak Hour Data North Peak Hour Begins at 07:00 A Passenger Vehicles Large 2 Axle Vehicles 3 Axle Vehicles 4* Axle Trucks a 1-1 Bear i 1— Lett Left Thru Right 1 141 1781 1781 fil 44511 L 376! 1 8241 Out In Total San Inrintn Avenue m 0 N COo CO hi File Name : SJCSJMAAM Site Code : 00000083 Start Date : 10/10/2012 Page No : 2 Z'S W31I VON39V 3 City of San Jacinto NUS: San Jacinto Avenue EMI: Main Street - Ramona Boulevard Weather: Sunny 3 y 'd J N JVd Counts Unlimited, Inc. PO Box 1178 Corona, CA 92878 (951) 268-6268 Ramona Bouleva, ,.off \�4 EV CD h c sW I 2231 San Jacinto Avenue Out In Total 232 T 4551 0 1 Hard Ri ht Thru Left Right j Lk Peak Hour Data North Peak Hour Begins at 04:00 PM Passenger Vehicles Large 2 Axle Vehicles 3 Axle Vehicles 4+ Axle Trucks Bear rk Left Left Thru Ri 44616 8921 Out In Total San larintn Avenne to m co File Name : SJCSJMAPM Site Code : 00000083 Start Date : 10/10/2012 Page No : 2 AGENDA ITEM 5.2 Appendix B Level of Service Analysis Worksheets PACKET PAGE: 104 AGENDA ITEM 5.2 Proposed Roundabout PACKET PAGE: 105 AGENDA ITEM 5.2 LANE SUMMARY 8 Site: San Jacinto Roundabout (EXISTING AM) San Jacinto Roundabout Roundabout Lane Use and Performance Demand Flows Total HV Cap. vehlh. % vehlh Deg. Lane Average Level of 95% Back of Queue Satn Uhl. Delay Service Veh Dist v/c % sec ft Lane Lane Cap. Prob. Canfig Length Adj. Block. ft % % South: San Jacinto Avenue Lane 1d 409 3.0 1212 0.337 100 6.2 LOSA Approach 409 3.0 0.337 6.2 LOS A 1.7 44.5 Full 1600 0.0 0.0 1.7 44.5 East: Main Street Lane 1d 111 3.0 708 0.157 100 6.8 LOS A 0.5 14.0 Full 1600 0.0 0.0 Approach 111 3.0 0.157 6.8 LOS A 0.5 14.0 North: San Jacinto Avenue Lane 1d 270 3.0 796 0.339 100 8.5 LOSA 1.4 36.3 Full 1600 0.0 0.0 Approach 270 3.0 0.339 8.5 LOS A 1.4 36.3 NorthWest: Ramona Bouleveard Lane 1 264 3.0 768 0.344 100 8.8 LOSA 1.4 36.6 Full 1600 0.0 0.0 Approach 264 3.0 0.344 8.8 LOS A 1.4 36.6 West: Main Street Lane 1d 75 3.0 637 0.118 100 7.0 LOSA 0.4 10.1 Full _ 1600 0.0 0.0 Approach 75 3.0 0.118 7.0 LOS A 0.4 10.1 Intersectio n 1128 3.0 0.344 7.5 LOS A 1.7 44.5 Level of Service (LOS) Method: Delay & vlc (HCM 2010). Roundabout LOS Method: Same as Sign Control. Lane LOS values are based on average delay and vlc ratio (degree of saturation) per lane. LOS F will result if vlc > irrespective of lane delay value (does not apply for approaches and intersection). Intersection and Approach LOS values are based on average delay for all lanes (vlc not used as specified in HCM 2010). Roundabout Capacity Model: US HCM 2010. HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies. Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation. d Dominant lane on roundabout approach Processed: Monday. July 08, 2013 4:35:43 PM Copyright © 2000-2013 Akcelik and Associates Pty Ltd SIDRA INTERSECTION 6.0.9.3896 www.sidrasolutions.corn Project: J:\Jobs1_Design Jobs103281301-D103261301-SIDRAISAN JACINTO ROUNDABOUT.sip6 8001593, RK ENGINEERING GROUP INC, PLUS 11PC SIDRA INTERSECTION 6 PACKET PAGE: 106 AGENDA ITEM 5.2 LANE SUMMARY V Site: San Jacinto Roundabout (EXISTING PM) San Jacinto Roundabout Roundabout Lane Use and Performance Demand Flows Deg. Lane Average Level of 95% Back of Queue Lane Lane Cap. Prob. Total HV Cap. Satn Util. Delay Service Veh Dist Config Length Adj. Block. veh/h % vehlh v/c % sec ft ft % % South: San Jacinto Avenue Lane 1d 485 3.0 1191 0.407 100 7.1 Approach 485 3.0 0.407 7.1 East: Main Street LOS A LOS A 2.3 58.1 Full 1600 0.0 0.0 2.3 58.1 Lane 1d 139 3.0 672 0.207 100 7.8 LOSA 0.7 19.0 Full 1600 0.0 0.0 Approach 139 3.0 0.207 7.8 LOS A 0.7 19.0 North: San Jacinto Avenue Lane 1d 252 3.0 747 0.338 100 8.9 LOSA 1.4 35.3 Full 1600 0.0 0.0 Approach 252 3.0 0.338 8.9 LOS A 1.4 35.3 Northwest: Ramona Bouleveard Lane 1d 210 3.0 746 0.281 100 8.1 LOSA 1.1 28.1 Full 1600 0.0 0.0 Approach 210 3.0 0.281 8.1 LOS A 1.1 28.1 West Main Street Lane 14 115 2.9 661 0.174 100 7.5 LOSA 0.6 15.6 Full 1600 0.0 0.0 Approach 115 2.9 0.174 7.5 LOS A 0.6 15.6 intersectio n 1201 3.0 0.407 7.8 LOS A 2.3 58.1 Level of Service (LOS) Method: Delay & v/c (HCM 2010). Roundabout LOS Method: Same as Sign Control. Lane LOS values are based on average delay and v/c ratio (degree of saturation) per lane. LOS F will result if v/c > irrespective of lane delay value (does not apply for approaches and intersection). Intersection and Approach LOS values are based on average delay for all lanes (v/c not used as specified in HCM 2010). Roundabout Capacity Model: US HCM 2010. HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies. Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation. d Dominant lane on roundabout approach Processed: Monday, July 08, 2013 3:43:38 PM Copyright C 2000-2013 Akcelik and Associates Pty Ltd SIDRA INTERSECTION 6.0.9.3896 www.sidrasolutions.com Project J:\Jobs1 Design Jobs\03281301-D\03281301-SIDRA\SAN JACINTO ROUNDABOUT.sip6 8001593, RK ENGINEERING GROUP INC. PLUS / 1PC SIDRA INTERSECTION 6 PACKET PAGE: 107 AGENDA ITEM 5.2 LANE SUMMARY V Site: San Jacinto Roundabout (2035_AM) San Jacinto Roundabout Roundabout Design Life Analysis (Practical Capacity): Results for 22 years Lane Use and Performance Demand Flows Total HV Cap. vehlh % veh/h Deg. Lane Satn Util. vlc % Average Delay sec Level of Service 95% Back of Queue Veh Dist ft Lane Config Lane Cap. Prob. Length Adj. Block. ft % South: San Jacinto Avenue Lane id 680 3.0 1118 0.609 100 11.1 LOS B 4.4 111.4 Full 1600 0.0 0.0 Approach 680 3.0 0.609 11.1 LOS B 4.4 111.4 East Main Street Lane 1d 186 3.0 526 0.354 100 12.3 LOS B 1.4 35.2 Full 1600 0.0 0.0 Approach 186 3.0 0.354 12.3 LOS B 1.4 35.2 North: San Jacinto Avenue Lane 1d 449 3.0 639 0.703 100 21.4 LOS C 5.0 128.1 Full 1600 0.0 0.0 Approach 449 3.0 0.703 21.4 LOS C 5.0 128.1 NorthWest: Ramona Bouleveard Lane 1d 442 3.0 603 0.733 100 24.2 LOS C 5.3 136.4 Full 1600 0.0 0.0 Approach 442 3.0 0.733 24.2 LOS C 5.3 136.4 West: Main Street Lane 1d 128 2.9 443 0.289 100 12.8 LOS B 1.0 25.8 Full 1600 0.0 0.0 Approach 128 2.9 0.289 12.8 LOS B 1.0 25.8 Intersectio 1885 3.0 0.733 16.9 LOS C 5.3 136.4 n Level of Service (LOS) Method: Delay & vlc (HCM 2010). Roundabout LOS Method: Same as Sign Control. Lane LOS values are based on average delay and v/c ratio (degree of saturation) per lane. LOS F will result if We > irrespective of lane delay value (does not apply for approaches and intersection). Intersection and Approach LOS values are based on average delay for all lanes (vlc not used as specified in HCM 2010). Roundabout Capacity Model: US HCM 2010. HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies. Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation. d Dominant lane on roundabout approach Processed: Monday, July 08, 2013 4:34:43 PM Copyright © 2000-2013 Akcelik and Associates Pty Ltd SIDRA INTERSECTION 6.0.9.3896 www.sidrasolutions.com Project: J:1Jobs1 Design Jobs103281301-D103281301-SIDRAISAN JACINTO ROUNDABOUT.sip6 8001593, RK ENGINEERING GROUP INC, PLUS / 1PC SIDRA INTERSECTION 6 PACKET PAGE: 108 AGENDA ITEM 5.2 LANE SUMMARY V Site: San Jacinto Roundabout(2035 PM) San Jacinto Roundabout Roundabout Design Life Analysis (Final Year): Results for 22 years Lane Use and Performance Demand Flows Total HV Cap. veh/h % veh/h Deg. Lane Average Level of 95% Back of Queue Satn Util. Delay Service Veh Dist v!c % sec ft Lane Lane Cap. Prob. Config Length Adj. Block. ft % South: San Jacinto Avenue Lane 1° 806 3.0 1094 0.737 100 15.6 LOS C Approach 806 3.0 0.737 15.6 LOS C 7.8 198.7 Full 1600 0.0 0.0 7.8 198.7 East: Main Street Lane 1° 233 3.0 483 0.482 100 16.6 LOS C 2.1 54.6 Full 1600 0.0 0.0 Approach 233 3.0 0.482 16.6 LOS C 2.1 54.6 North: San Jacinto Avenue Lane 1° 422 3.0 576 0.733 100 25.2 LOS D 5.2 132.2 Full 1600 0.0 0.0 Approach 422 3.0 0.733 25.2 LOS D 5.2 132.2 NorthWest: Ramona Bouleveard Lane 1° 352 3.0 575 0.612 100 18.7 LOS C 3.5 89.1 Full 1600 0.0 0.0 Approach 352 3.0 0.612 18.7 LOS C 3.5 89.1 West: Main Street Lane 1° 193 2.8 470 0.411 100 15.0 LOS B 1.7 42.5 Full 1600 0.0 0.0 Approach 193 2.8 0.411 15.0 LOS B 1.7 42.5 18.2 LOS C 7.8 198.7 Level of Service (LOS) Method: Delay & v!c (HCM 2010). Roundabout LOS Method: Same as Sign Control. Lane LOS values are based on average delay and v!c ratio (degree of saturation) per lane. LOS F will result if vlc > irrespective of lane delay value (does not apply for approaches and intersection). Intersection and Approach LOS values are based on average delay for all lanes (vlc not used as specified in HCM 2010). Roundabout Capacity Model: US HCM 2010. HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies. Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation. d Dominant lane on roundabout approach Processed: Monday, July 08, 2013 4:38:50 PM Copyright ® 2000-2013 Akcelik and Associates Pty Ltd SIDRA INTERSECTION 6.0.9.3896 www.sidrasolutions.com Project: J:1Jobs1 Design Jobs103281301-D103281301-S1DRAISAN JACINTO ROUNDABOUT.sip6 8001593, RK ENGINEERING GROUP INC, PLUS / 1PC SIDRA INTERSECTION 6 PACKET PAGE: 109 AGENDA ITEM 5.2 Existing Traffic Signal PACKET PAGE: 110 AGENDA ITEM 5.2 LANE SUMMARY a Site: San 0ut (EXISTING_AM) - Conversion San Jacinto Roundabout Signals - Pretimed Cycle Time = S0 seconds (Optimum Cycle Time - Minimum Delay) South: San Jacinto Avenue Lane 1 Approach 8 409 3.0 300 1.363 100 205 2 LOS F 34 3 877 3 Full 1600 0 0 0 0 409 3.0 1.363 205 2 LOS F 34 3 877 3 East: Main Street Lane 1 111 3.0 235 0.472 100 16.3 LOS B 2.8 70 9 Full 1600 0 0 0.0 Approach 111 3 0 0.472 16.3 LOS B 2.8 70.9 North: San Jacinto Avenue Lane 1 270 3 0 283 0.952 100 65 5 LOS E 11 7 299 3 Full 1600 0 0 0.0 Approach 270 3.0 0.952 65 5 LOS E 11 7 299 3 NorthWest: Ramona Bouleveard Lane 1 264 3.0 274 0.965 100 69 7 LOS E 11 8 301.4 Full 1600 0.0 0.0 Approach 264 3 0 0.965 69 7 LOS E 11 8 301 4 West: Main Street Lane 1 75 3.0 200 0.375 100 17 3 LOS B 1 6 41 6 Full 1600 00 0.0 Approach 75 3 0 0.375 17 3 LOS B 1 6 41 6 Intersectio n 1128 3.0 1.363 109.1 LOS F 34.3 877.3 Level of Service (LOSI Method Delay & v!c HCM 2010) Lane LOS values are based on average delay and v/c ratio (degree of saturation) per lane LOS F will result if vlc> irrespective of lane delay value (does not apply tor approaches and intersection). Intersectionand Approach LOS values are based on average delay for all lanes (vlc not used as specified in HCM 2010). HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation Processed: Monday. July 29. 2013 3.58.57 PM Copyright 1.2. 2000-2013 Akcelik and Associates Ply L.Id SIDRA INTERSECTION 6 0.9.3896 wwev.sidrasolutions com ProjectJ.1Jobsh Design Jobs\03281301-0103281301-SIDRAISAN JACINTO ROUNDABOUT.sip6 8001593. RK ENGINEERING GROUP INC. PLUS I IPC PACKET PAGE: 111 AGENDA ITEM 5.2 LANE SUMMARY e Site: San Jacinto Roundabout (EXISTING PM) - Conversion San Jacinto Roundabout Signals - Pretimed Cycle Time = 73 seconds (Optimum Cycle Time - Minimum Delay) Use and Pe!fq!r nc South: San Jacinto Avenue Lane 1 Approach 485 3.0 409 1.185 100 123.1 LOS F 31.0 793 1 Full 1600 OD 0 0 485 3.0 1 185 123 1 L05 F 31 0 793 1 East: Main Street Lane 1 139 3.0 104 1 344 100 214 3 LOS F 11 6 296 7 Full 160D 0 0 0 0 Approach 139 3.0 1 344 214 3 LOS F 11 6 296 7 North: San Jacinto Avenue Lane 1 252 3 0 414 0.609 100 27 5 LOS C 8.8 225 8 Full 1600 0.0 0.0 Approach 252 3.0 0.609 27 5 LOS C 8.8 225.8 Northwest: Ramona Bouleveard Lane 1 210 30 399 0.525 100 258 LOSC 70 1803 Full 1600 00 00 Approach 210 3,0 0 525 25 8 LOS C 7.0 180 3 West Main Street Lane 1 115 29 176 0.654 100 282 LOSC 37 952 Full 1600 00 00 Approach 115 2 9 0 654 28 2 LOS C 3 7 95 2 Intersectio n 1201 3.0 1.344 87.5 LOS F 31.0 793.1 Level of Service (LOS) Method: Delay & vic (HCM 2010). Lane LOS values are based on average delay and vic ratio (degree of saturation) per lane LOS F will result if vlc > irrespective of lane delay value (does not apply for approaches and intersection) Intersection and Approach LOS values are based on average delay for all lanes (vic not used as specified in HCM 2010) HCM Delay Formula option is used Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies Gap -Acceptance Capacity Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation. Processed: Monday. July 29, 2013 4. 53:27 PM Copyright G 2000-2013 Akcelik and Associates Pty Ltd SIDRA INTERSECTION 6.0.9.3896 www.sidrasolutions.corn Project: J1Jobs1_Design Jobs\03281301-D\03281301-SIDRA\SAN JACINTO ROUNDABOUT.sip6 8001593, RK ENGINEERING GROUP INC. PLUS / 1PC PACKET PAGE: 112 AGENDA ITEM 5.2 LANE SUMMARY 0 Site: San Jacinto Roundabout (2035__AM): Compound Annual Growth Rate = 3`7, • Conversion San Jacinto Roundabout Signals - Pretimed Cycle Time = 150 seconds (Practical Cycle Time) Design Life Analysis (Practical Capacity): Results for 0 years e ai 4 South: San Jacinto Avenue Lane 1 410 3.0 199 2 057 100 551 5 LOS F 69 5 1 778 0 Full 1600 0.0 14.5 Approach 410 3.0 2 057 551.5 LOS F 69 5 1778 0 East: Main Street Lane 1 112 3.0 153 0 730 100 36 1 LOS D 7 0 179 5 Full 1600 0.0 0.0 Approach 112 3.0 0 730 36.1 LOS D 7 0 179.5 North: San Jacinto Avenue Lane 1 271 3.0 201 1 347 100 229 5 LOS F 29 8 762 8 Full 1600 0.0 0 0 Approach 271 3.0 1 347 229 5 LOS F 29 8 762 8 Northwest: Ramona Bouleveard Lane 1 266 3.0 194 1 370 100 259.6 LOS F 34 7 888 3 Full 1600 0 0 0 0 Approach 266 3.0 1 370 259.6 LOS F 34 7 888 3 West: Main Street Lane 1 77 2.9 69 1.126 100 151.4 LOS F 8.4 2148 Full 1600 0 0 0 0 Approach 77 2.9 1 126 151 4 LOS F 8 4 2148 Intersectio n 1136 3.0 2.057 328.3 LOS F 69.5 1778.0 Level of Service (LOS) Method: Delay & vic (HCM 2010). Lane LOS values are based on average delay and v✓c ratio (degree of saturation) per lane LOS F will result if v/c > irrespective of lane delay value (does not apply for approaches and intersection). Intersection and Approach LOS values are based on average delay for all lanes (vie not used as specified in HCM 2010). HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies. Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation. Processed: Monday. July 29. 2013 5.03.44 PM Copyright ©2000-2013 Akcelik and Associates Ply Ltd SIDRA INTERSECTION 6.0.9.3896 vmw.sitlrasolutions corn Project. J:1Jobs1 Design Jobs \03281301-D10328130I-SIDRAISAN JACINTO ROUNDABOUT sip6 8001593. RK ENGINEERING GROUP INC. PLUS / 1PC PACKET PAGE: 113 AGENDA ITEM 5.2 LANE SUMMARY n Site: San Jacinto Roundabout (2035_ PM): Compound Annual Growth Rate = 3 4, - Conversi n San Jacinto Roundabout Signals - Pretimed Cycle Time = 150 seconds (Practical Cycle Time) Design Life Analysis (Final Year). Results for 22 years en 41 South: San Jacinto Avenue Lane 1 Approach 931 3 0 199 4 681 100 1 718 4 LOS F 200 2 5125 2 Full 1600 0 0 100,0 931 30 4681 17184 LOS F 2002 51252 East Main Street Lane 1 269 3.0 69 3 891 100 1353.1 LOS F 56.2 1439.7 Full 1600 0.0 0 0 Approach 269 3.0 3.891 1353.1 LOS F 56.2 1439 7 North San Jacinto Avenue Lane 1 487 3.0 201 2 421 100 698.8 LOS F 83 0 2124 2 Full 1600 0 0 30.8 Approach 487 3.0 2 421 698.8 LOS F 83.0 2124 2 NorthWest: Ramona Bouleveard Lane 1 406 3.0 194 2 093 100 573.2 LOS F 71 3 1826 1 Full 1600 0 0 17.0 Approach 406 3.0 2 093 573.2 LOS F 71 3 1826 1 West: Main Street Lane 1 223 2.8 119 1 866 100 429.5 LOS F 34 9 893 5 Full 1600 OD 0 0 Approach 223 2.8 1 866 429.5 LOS F 34 9 893.5 Intersectio 2316 3.0 4.681 1136.6 LOS F 200.2 5125.2 n Level of Service (LOS) Method Delay & v/c (HCM 20101. Lane LOS values are based on average delay and v/c ratio (degree of saturation) per lane LOS F will result if vfc > irrespective of lane delay value (does not apply for approaches and intersection). Intersection and Approach LOS values are based on average delay for all lanes (vlc not used as specified in HCM 2010). HCM Delay Formula option is used. Control Delay does not include Geometric Delay since Exclude Geometric Delay option applies Gap -Acceptance Capacity: Traditional M1. HV (%) values are calculated for All Movement Classes of All Heavy Vehicle Model Designation, Processed: Monday. July 29, 2013 5,06:22 PM Copyright 2000-2013 Akcelik and Associates Ply Ltd SIDRA INTERSECTION 5.0.. 9.3896°rww.sidra solutions. corn Project: J:\JobsrDesign Jobs\03281301-D\03281301-SIDRA,SAN JACINTO ROUNDABOUT sip6 8001593. RK ENGINEERING GROUP INC. PLUS / 1PC PACKET PAGE: 114