3 Riv Cnty Board Zone Ordinance No. 348.2932 re: SP 218 (1988)PART
SPECIFIC PLAN ZONE ORDINANCE
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GERALDJ. GEERLINGS
COUNTY COUNSEL
SUITE 300
305 -10TH STREET
MVERSIDE. CALIFORNIA
ORDINANCE NO. 348.2932
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AMENDING ORDINANCE NO. 348 RELATING TO ZONING
The Board of Supervisors of the County of Riverside
Ordains as Follows:
Section 1. Section 4.41 of Ordinance No. 348, and Lower
Coachella Valley Plan Map No. 41. as amended, are further amended
by placing in effect the zone or zones as shown on the map
entitled "Change of Official Zoning Plan, Lower Coachella Valley
District, Map No. 41.028, Change of Zone Case No. 5134," which
map is made a part of this ordinance.
Section 2. Article RVIIa of Ordinance No. 348 is amended
by adding thereto a new Section 17.50 to read as follows:
SECTION 17.50. SP ZONE REQUIREMENTS AND STANDARDS FOR
SPECIFIC PLAN NO. 218.
a. Planning Area 1.
(1) The uses permitted in Planning Area 1 of
Specific Plan No. 218 shall be the same as those uses
permitted in Article IRb, Section 9.50 of Ordinance No.
348. In addition, the permitted uses identified under
Section 9.50(a) shall also include business machine sales
and service; medical appliance and supply sales; office
furniture and equipment sales; pharmacies; and lumber
yards and construction materials sales. Furthermore, the
permitted uses identified under Section 9.50(b) shall
also include bars and cocktail lounges; health and
exercise centers; day care centers; congregate care
-1-
residential facilities and active senior citizen
1
facilities; and private clubs, fraternal organizations or
2
lodges.
3
(2) The development standards for Planning Area 1
4
of Specific Plan No. 218 shall be the same as those
5
standards identified in Article IRb, Section 9.53 of
6
Ordinance No. 348.
7
(3) Except as provided above, all other zoning
8
requirements shall be the same as those requirements
9
identified in Article IRb of Ordinance No. 348.
10
b. Planning Area 2.
11
(1) The uses permitted in Planning Area 2 of
12
Specific Plan No. 218 shall be the same as those uses
13
permitted in Article VIIIe, Section 8.100 of Ordinance
14
No. 348. In addition, the permitted uses identified
`• 15
under Section 8.100(a) shall also include -public parks.
16
(2) The development standards for Planning Area 2
17
of Specific Plan No. 218 shall be the same as those
18
standards identified in Article VIIIe, Section 8.101 of
19
Ordinance No. 348.
20
(3) Except as provided above, all other zoning
21
requirements shall be the same as those requirements
22
identified in Article VIIIe of Ordinance No. 348.
23
C. Planning Area 3.
24
(1) The uses permitted in Planning Area 3 of
25
Specific Plan No. 218 shall be the same as those uses
26
permitted in Article VIIIe, Section 8.100 of Ordinance
27
No. 348. In addition, the permitted uses identified
28
mwD J. GEERLI W
couMiv CCXJNS .L
-2-
SUM 3W
3M - IGM STREET
VJVERSM.CALWORMA
i
under Section 8.100(a) shall also include public parks.
1
(2) The development standards for Planning Area 3
of Specific Plan No. 218 shall be the same as those
3
standards identified in Article VIIIe, Section 8.101 of
4
Ordinance No. 348.
5
(3) Except as provided above, all other zoning
6
requirements shall be the same as those requirements
7
identified in Article VIIIe of Ordinance No. 348.
8
d. Planning Area 4.
9
(1) The uses permitted in Planning Area 4 of
10
Specific Plan No. 218 shall be the same as those uses
11
permitted in Article VIIIe, Section 8.100 of Ordinance
12
No. 348. In addition, the permitted uses id-entified
13
under Section 8.100(a) shall also include public parks.
14
(2) The development standards for Planning Area 4
15
of Specific Plan No. 218 shall be the same as those
16
standards identified in Article VIIIe, Section 8.101 of
17
Ordinance No. 348.
18
(3) Except as provided above, all other zoning
19
requirements shall be the same as those requirements
20
identified in Article VIIIe of Ordinance No. 348.
21
e. Planning Area 5.
22
(1) The uses permitted in Planning Area 5 of
23
Specific Plan No. 218 shall be the same as those uses
24
permitted in Article VIIIe, Section 8.100 of Ordinance
25
No. 348. In addition, the permitted uses identified
26
under Section 8.100(a) shall also include public parks.
27
(2) The development standards for Planning Area 5
28
GERAW J.GEERLINCS
COUNTY COUNSEL
-3-
SUITE 300
]535 -10TH STREET
RIVERSME. CALWORNM
of Specific Plan No. 218 shall be the same as those
1
standards identified in Article VIIIe, Section 8.101 of
2
Ordinance No. 348.
3
(3) Except as provided above, all other zoning
4
requirements shall be the same as those requirements
5
identified in Article VIIIe of Ordinance No. 348.
6
f. Planning Area 6.
7
(1) The uses permitted in Planning Area 6 of
8
Specific Plan No. 218 shall be the same as those uses
9
permitted in Article VIIIe, Section 8.100 of Ordinance
10
No. 348. In addition, the permitted uses identified
11
under Section 8.100(a) shall also include undeveloped
12
_
open space; hiking and equestrian trails and facilities;
13
arboretums; and apiaries. Furthermore, the permitted uses
14
identified under Section 8.100(b) shall also include
15
resort hotels.
16
(2) The development standards for Planning Area 6
17
of Specific Plan No. 218 shall be the same as those
18
standards identified in Article VIIIe, Section 8.101 of
19
Ordinance No. 348.
20
(3) Except as provided above, all other zoning
21
requirements shall be the same as those requirements
22
identified in Article VIIIe of Ordinance No. 348.
23
9- Planning Area 7.
24
(1) The uses permitted in Planning Area 7 of
25
Specific Plan No. 218 shall be the same as those uses
26
permitted in Article VIIIe, Section 8.100 of Ordinance
27
No. 348. In addition, the permitted uses identified
28
GERAW J. GEERLMGS
- 4 -
COLWTY cUUNSEL
SUM 3W
3635-10M STREET
RIVERSIDE. CALH;CMNLA
under Section 8.100(a) shall also include undeveloped
1
open space; hiking and equestrian trails and facilities;
2
arboretums; and apiaries. Furthermore, the permitted uses
3
identified under Section 8.100(b) shall also include
4
resort hotels.
5
(2) The development standards for Planning Area 7
6
of Specific Plan No. 218 shall be the same as those
7
standards identified in Article VIIIe, Section 8.101 of
8
Ordinance No. 348.
9
(3) Except as provided above, all other zoning
10
requirements shall be the same as those requirements
11
identified in Article VIIIe of Ordinance No. 348.
12
h. Planning Area B. -
13
(1) The uses permitted in Planning Area 8 of
14
Specific Plan No. 218 shall be the same as those uses
15
`
permitted in Article VIIIe, Section 8.100 of Ordinance
16
No. 348.
17
(2) The development standards for Planning Area 8
18
of Specific Plan No. 218 shall be the same as those
19
standards identified in Article VIIIe, Section 8.101 of
20
Ordinance No. 348.
21
(3) Except as provided above, all other zoning
22
requirements shall be the same as those requirements
23
identified in Article VIIIe of ordinance No. 348.
24
i. Planning Area 9.
25
(1) The uses permitted in Planning Area 9 of
26
Specific Plan No. 218 shall be the same uses as those
27
permitted in Article VII, Section 7.1 of Ordinance No.
28
GERALD x GEERLINGS
COUNTY COUNSEL
- 5 -
S UM 30O
3535-IOiH STREET
RIVERSIDE. CALIFORMA
348. In addition. the permitted uses identified under
1
Section 7.1(b) shall also include Christmas tree and
2
Halloween pumpkin sales.
3
(2) The development standards for Planning Area 9
4
of Specific Plan No. 218 shall be the same as those
5
standards identified in Article VII of Ordinance No. 348
6
except that the development standards set forth in
7
•
Article VII, Sections 7.2 through 7.10 shall be deleted
8
and replaced by the following:
9
A. The following development standards shall
10
apply for single family detached dwelling
11
development, except that planned residential
12
developments shall comply with the development
13
standards contained in Section 18.5 of Ordinance
14
i
No. 348:
'. 15
(aa) Building height shall not exceed
16
three (3) stories, with a maximum height of
17
thirty-five feet (35').
18
(bb) Lot area shall be not less than four
19
thousand (4.000) square feet. The minimum lot
20
area shall be determined by excluding that
21
portion of a lot that is used solely for
22
access to the portion of a lot used as a
23
building site.
24
(cc) The minimum average width of that
25
portion of a lot to be used as a building site
26
shall be forty-five feet (451) with a minimum
27
average depth of ninety feet (901). That
` 28
GERAL D J. GEERUNGS
- 6 -
COUNW COUNSEL
SUITE 300
as%- 10TH STREET
W VERSM. CALWORNIA
portion of a lot used for access on "flag"
1
lots shall have a minimum width of twenty feet
2
(20').
3
(dd) The minimum frontage of a lot shall
4
be sixty feet (601), except that lots fronting
5
on knuckles or cul-de-sacs may have a minimum
6
frontage of thirty feet (30') .
7
(ee) The front yard shall be not less
8
than twenty feet (201) measured from the
9
existing street line or from any future street
10
line as shown on any Specific Plan of
11
Highways, whichever is nearer the proposed
12
_
structure.
13
(ff) Side yards on interior and through
14
lots shall be not less than five feet (5').
t 15
Side yards on corner and reversed corner lots
16
shall be not less than fifteen feet (15' ) from
17
the existing street line or from any future
18
street line as shown on any Specific Plan of
19
highways, whichever is nearer the proposed
20
structure, upon which the main building sides,
21
except that where the lot is less than fifty
22
feet (501) wide, the yard need not exceed
23
twenty percent (20%) of the width of the lot.
24
(gg) The rear yard shall be not less than
25
ten feet (101).
26
(hh) In no case shall more than sixty
i 27
='
percent (60%) of any lot be covered by
28
buildings.
GERA1D J. GEERLINGS
COUNTY COUNSEL
SUITE 300
- 7 -
305.1OTH STREET
RIVERSIDE. CALIFORNIA
(ii) Automobile storage space shall be
1
provided as required by Section 18.12 of-
2
Ordinance No. 348.
3
B. The following development standards shall
4
apply for zero -lot line patio home development,
5
except that planned residential developments shall
6
comply with the development standards contained in
7
Section 18.5 of Ordinance No. 348:
8
(aa) Building height shall not exceed
9
three (3) stories, with a maximum height of
10
thirty-five feet (35').
11
(bb) Lot area shall be not less than four
12
thousand (4,000) square feet. The minimum lot
13
area shall be determined by excluding that
14
portion of a lot that is used solely for
15
access to the portion of a lot used as a
16
building site.
17
(cc) The minimum average width of that
18
portion of a lot to be used as a building site
19
shall be forty-five feet (451) with a minimum
20
average depth of ninety feet (901). That
21
portion of a lot used for access on "flag"
22
lots shall have a minimum width of twenty feet
23
(20')-
24
(dd) The minimum frontage of a lot shall
25
be sixty feet (601). except that lots fronting
26
on knuckles or cul-de-sacs may have a minimum
27
frontage of thirty feet (30-).
- 28
cousin J. GEERUINGS
COUNTY COUNSEL
SUITE 300
3535 - IOTH STREET
RNFRSME. CALW-ORNIA
(ee) The front yard shall be not less
1
than twenty feet (201) measured from the
2
existing street line or from any future street
3
line as shown on any Specific Plan of
4
Highways, whichever is nearer the proposed
5
structure.
6
(ff) Where a zero -lot line design is
7
utilized, the alternate side yard on interior
8
and through lots may not be less than ten feet
9
(101). Side yards on corner and reversed
10
corner lots shall be not less than fifteen
11
feet (151) from the existing street line or
12
from any future street line as shown on any
13
Specific Plan of highways, whichever is nearer
14
the proposed structure, upon which the main
15
building sides, except that where the lot is
16
less than fifty feet (501) wide, the yard need
17
not exceed twenty percent (20%) of the width
18
of the lot.
19
(gg) The rear yard shall be not less .than
20
ten feet (3.01). "
21
(hh) In no case shall more than
22
seventy-five percent (75%) of any lot be
23
covered by buildings.
24
(ii) Automobile storage space shall be
25
provided as required by Section 18.12 of
26
Ordinance No. 348.
27
C. The following development standards shall
28
GERALD J. GEERUNGS
COUNTY COUNSEL
- 9 -
SURE 300
3535.10TH STREET
RIVERSIDE. CALWORNIA
apply for duplex, triplex and fourplex development,
1
except that planned residential developments shall
2
comply with the development standards contained in
3
Section 18.5 of Ordinance No. 348:
4
(aa) Building height shall not exceed
5
three (3) stories, with a maximum height of
6
thirty-five feet (351).
7
(bb) Lot area shall be not less than
8
seven thousand two hundred (7,200) square feet
9
for duplexes, eight thousand six hundred
10
(8,600) square feet for triplexes and ten
11
thousand (10.000) square feet for fourplexes.
12
The minimum lot area shall be determined by
13
excluding that portion of a lot that is used
14
15
solely for access to the portion of a lot used
as a building site.
16
(cc) The minimum average width of that
17
portion of a lot to be used as a building site
18
shall be seventy feet (701) with a minimum
19
average depth of one hundred feet (1001).
20
That portion of a lot used for access on
21
"flag" lots shall have a minimum width of
22
twenty feet (201).
23
(dd) The minimum frontage of a lot shall
24
be sixty feet (601), except that lots fronting
25
on knuckles or cul-de-sacs may have a minimum
26
frontage of forty-five feet (451).
27
28
GERALD J. GEERLINGS
COUNTY COUNSEL
-10 -
SUITE 300
3535 • TOTH STREET
QIVERSmE. CAUFORNIA
(ee) The front yard shall be not less
1
than twenty feet (201 ) measured from -the
2
existing street line or from any future street
3
line as shown on any Specific Plan of
4
Highways, whichever is nearer the proposed
5
structure.
6
(ff) Side yards on interior and through
7
lots shall be not less than five feet (51).
8
Side yards on corner and reversed corner lots
9
shall be not less than fifteen feet (15' ) from
10
the existing street line or from any future
11
street line as shown on any Specific Plan of
12
highways, whichever is nearer the proposed
13
structure, upon which the main building sides,
14
except that where the lot is less than fifty
15
feet (501) wide, the yard need not exceed
16
twenty percent (20%) of the width of the lot.
17
(gg) The rear yard shall be not less than
18
twenty feet (201).
19
(hh) In no case shall more than sixth
20
percent (60%) of any lot be covered by
21
buildings.
22
(ii) Automobile storage space shall be
23
provided as required by Section 18.12 of
24
Ordinance No. 348.
25
D. The following development standards shall
26
apply for condominiums and townhome development,
27
except that planned residential developments shall
28
GERAW J. GEEPJJNGS
COUNTY COUNSEL
-11-
SUITE 300
W3S - IOTH STREET
RIVERSIDE. CALIFORNIA
comply with the development standards contained in
1
Section 18.5 of Ordinance No. 348:
2
(aa) Building height shall not exceed
3
three (3) stories, with a maximum height of
4
thirty-five feet (35' ) .
5
(bb) Lot area shall be not less than
6
three (3) acres. The minimum lot area shall be
7
determined by excluding that portion of a lot
8
that is used solely for access to the portion
9
of a lot used as a building site.
10
(cc) The front yard shall be not less
11
than twenty feet (201) measured from the
12
existing street line or from any -future street
13
line as shown on any Specific Plan of
14
Highways, whichever is nearer the proposed
15
structure.
16
(dd) Side yards on interior and through
17
lots shall be not less than ten feet (101).
18
Side yards on corner and reversed corner lots
19
shall be not less than ten feet (101) from the
20
existing street line or from any future street
21
line as shown on any Specific Plan of
22
highways, whichever is nearer the proposed
23
structure, upon which the main building sides,
24
except that where the lot is less than fifty
25
feet (501) wide, the yard need not exceed
26
twenty percent (20%) of the width of the lot.
27
(ee) The rear yard shall be not less than
28
ten feet (101).
GEPALD J. GEERLINGS
COUNTY COUNSEL
SURE 300
-12 -
353.5. 10TH STREET
RIVERSIDE. CALIFORNIA
(ff) In no case shall more than sixty
1
percent (60%) of any lot be covered by
( 2
buildings.
3
(gg) Automobile storage space shall be
4
provided as required by Section 18.12 of
5
Ordinance No. 348.
6
(hh) No main building shall be closer
7
than fifteen feet (15' ) to any other main
8
building on the same lot.
9
(ii) Every main building hereafter
10
erected or structurally altered shall have a
11
lot or building site area of not less than two
12
thousand five hundred (2.500) square feet for
13
each dwelling unit in such main building.
14
E. The following development standards shall
15
apply for all other development. except that
16
planned residential developments shall comply with
17
the development standards contained in Section 18.5
18
of Ordinance No. 348:
19
(aa) BUILDING HEIGHT LIMIT. The same as
20
in R-1 Zones. (See Section 6.2 of Ordinance
21
No. 348).
22
(bb) REQUIRED LOT AREA. The same as in
23
R-1 Zones. (See Section 6.2 of Ordinance No.
24
348).
25
(cc) FRONT YARD REQUIRED. The same as in
26
R-1 Zones. (See Section 6.2 of Ordinance No.
27
348).
28
GERAWJ. GEER' NGS
-13 -
C)OUNry COUNSEL
SU(TE 900
W"- IOTHSMEfT
RIVERSIDE. CAL WORNIA
(dd) SIDE YARDS REQUIRED. The same as in
1
R-1 Zones. (See Section 6.2 of Ordinance No.
2
348).
3
(ee) REAR YARD REQUIRED. The same as in
4
R-1 Zones. (See Section 6.2 of Ordinance No.
5
348).
6
(ff) LOT COVERAGE PERMITTED. In no case
7
shall more than sixty percent (60%) of any lot
8
be covered by buildings.
9
(gg) Automobile storage space shall be
10
provided as required by Section 18.12 of
11
Ordinance No. 348.
12
(hh) DISTANCE REQUIRED BETWEEN MAIN
13
BUILDINGS. No two-story main building shall
14
t
be closer than fifteen feet (15' ) to any other
15
main building on the same lot and no one-story
16
building shall be closer than ten feet (101)
17
to any other one-story main building on the
18
same lot.
19
(ii) AREA PER DWELLING UNIT. Every main
20
building hereafter erected or structurally
21
altered shall have a lot or building site area
22
of not less than two thousand five hundred
23
(2,500) square feet for each dwelling unit in
24
such main building.
25
(3) Except as provided above, all other zoning
26
requirements shall be the same as those requirements
27
identified in Article VII of Ordinance No. 348.
28
GERAL D J. c.EELUNCS
-14 -
COUNTY COUNSEL
SURE 300
3535-10TH STREET
RIVERSIDE. CALIFORNIA
j . Planning Area 10.
1
(1) The uses permitted in Planning Area 10 of
2
Specific Plan No. 218 shall be the same uses as those
3
permitted in Article VI. Section 6.1 of Ordinance No.
4
348. In addition. the permitted uses identified under
5
Section 6.1(a) shall also include Christmas tree and
6
Halloween pumpkin sales.
7
(2) The development standards for Planning Area 10
8
of Specific Plan No. 218 shall be the same as those
9
standards identified in Article VI of Ordinance No. 348
10
except that the development standards set forth in
11
`
Article VI. Sections 6.2(a). (b). (c). and (e)(2) and (3)
12
shall be deleted and replaced by the following:
13
A. Building height shall not exceed three
14
(3) stories. with a maximum height of thirty-five
15
feet (351).
16
B. Lot area shall be not less than six
17
thousand (6.000) square feet. The minimum lot area
18
shall be determined by excluding that portion of a
19
lot that is used solely for access to the portion
20
of a lot used as a building site.
21
C. The minimum average width of that portion
22
of a lot to be used as a building site shall be
23
fifty-five feet (551) with a minimum average depth
24
of ninety feet (901). That portion of a lot used
25
for access on "flag" lots shall have a minimum
26
width of twenty feet (201).
27
D. Side yards on interior and through lots
28
GERAID J. GEERUNGS
COUNTY COUNSEL
-15 -
SLUE 300
3535-10TH STREET
WWASME. CALFORNU
shall be not less than five feet (5'). Side yards
1
on corner and reversed corner lots shall be not
2
less than fifteen feet (15' ) from the existing
3
street line or from any future street line as shown
4
on any Specific Plan of highways, whichever is
5
nearer the proposed structure, upon which the main
6
building sides, except that where the lot is less
7
than fifty feet (501) wide, the yard need not
8
exceed twenty percent (20%) of the width of the lot.
9
E. The rear yard shall be not less than
10
twenty-five feet (251). except when the rear yard
11
adjoins a golf course, the rear yard shall be not
12
_
less than fifteen feet (151).
13
(3) Except as provided above, all other zoning
14
(
requirements shall be the same as those requirements
15
identified in Article VI of Ordinance No. 348.
16
k. Planning Area 11.
17
(1) The uses permitted in Planning Area 11 of
18
Specific Plan No. 218 shall be the same uses as those
19
permitted in Article VI, Section 6.1 of Ordinance No..
20
348. In addition, the permitted uses identified "under
21
Section 6.1(a) shall also include Christmas tree and
22
Halloween pumpkin sales.
23
(2) The development standards for Planning Area 11
24
of Specific Plan No. 218 shall be the same as those
25
standards identified in Article VI of Ordinance No. 348
26
except that the development standards set forth in
27
Article VI, Sections 6.2(a), (b), (c), and (e)(2) and (3)
28
GERALD J. GEERI INGS
COUNTY COUNSEL
-16 -
SURE 300
3535-10TH STREET
MWtSIDE. CALIFORNIA
shall be deleted and replaced by the following:
1
A. Building height shall not exceed three
/
1 2
(3) stories, with a maximum height of thirty-five
3
feet (351).
4
B. Lot area shall be not less than six
5
thousand (6,000) square feet. The minimum lot area
6
shall be determined by excluding that portion of a
7
lot that is used solely for access to the portion
8
of a lot used as a building site.
9
C. The minimum average width of that portion
10
of a lot to be used as a building site shall be
11
fifty-five feet ( 55' ) with a minimum average depth
12
of ninety feet (901). That portion of a lot used
13
for access on "flag" lots shall have a minimum
14
�.
width of twenty feet (201).
_ 15
D. Side yards on interior and through lots
16
shall be not less than five feet (51). Side yards
17
on corner and reversed corner lots shall be not
18
less than fifteen feet (15' ) from the existing
19
street line or from any future street line as shown
20
on any Specific Plan of highways, whichever is
21
nearer the proposed structure, upon which the main
22
building sides, except that where the lot is less
23
than fifty feet (50' ) wide, the yard need not
24
exceed twenty percent (20%) of the width of the lot.
25
E. The rear yard shall be not less than
26
twenty-five feet (251). except when the rear yard
27
�\ ?
adjoins a golf course, the rear yard shall be not
28
GERALD J. GEERLINGS
COUNTY COUNSEL
-1 % -
SLI E 300
3535.1OTH STREET
RIVERSIDE. CALIFORNIA
less than fifteen feet (151).
1
(3) Except as provided above, all other zoning
2
requirements shall be the same as those requirements
3
identified in Article VI of Ordinance No. 348.
4
1. Planning Area 12.
5
(1) The uses permitted in Planning Area 12 of
6
Specific Plan No. 218 shall be the same uses as those
7
permitted in Article VI, Section 6.1 of Ordinance No.
8
348. In addition, the permitted uses identified under
9
Section 6.1(a) shall also include Christmas tree and
10
Halloween pumpkin sales.
11
(2) The development standards for Planning Area 12
12
of Specific Plan No. 218 shall be the same as those
13
standards identified in Article VI of Ordinance No. 348
14
except that the development standards set forth in
15
Article VI, Sections 6.2(a), (b), (c), and (e)(2) and (3)
16
shall be deleted and replaced by the following:
17
A. Building height shall not exceed three
18
(3) stories, with a maximum height of thirty-five
19
feet (351).
20
B. Lot area shall be not less than six
21
thousand (6,000) square feet. The minimum lot area
22
shall be determined by excluding that portion of a
23
lot that is used solely for access to the portion
24
of a lot used as a building site.
25
C. the minimum average width of that portion
26
of a lot to be used as a building site shall be
27
fifty-five feet (551) with a minimum average depth
28
GERAM J. GEMLINGS
COUNTY COUNSEL
-18 -
SUITE 300
353.5.10TH STREET
V VERSIDE_ CALFORN1A
of ninety feet (901). That portion of a lot used
1
for access on "flag" lots shall have a minimum
2
width of twenty feet (201).
3
D. Side yards on interior and through lots
4
shall be not less than five feet W ). Side yards
5
on corner and reversed corner lots shall be not
6
less than fifteen feet (15' ) from the existing
7
street line or from any future street line as shown
8
on any Specific Plan of highways, whichever is
9
nearer the proposed structure, upon which the main
10
building sides, except that where the lot is less
11
than fifty feet (501) wide, the yard need not
12
exceed twenty percent (20%) of the width of the lot.
13
E. The rear yard shall be not less than
14
twenty-five feet (251). except when the rear yard
15
adjoins a golf course, the rear yard shall be not
16
less than fifteen feet (151).
17
(3) Except as provided above, all other zoning
18
requirements shall be the same as those requirements
19
identified in Article VI of Ordinance No. 348.
20
1. Planning Area 13.
21
(1) The uses permitted in Planning Area 13 of
22
Specific Plan No. 218 shall be the same uses as those
23
permitted in Article VI, Section 6.1 of Ordinance No.
24
348. In addition, the permitted uses identified under
25
Section 6.1(a) shall also include Christmas tree and
26
Halloween pumpkin sales.
27
(2) The development standards for Planning Area 13
28
GERALD J. GEERLINGS
couNry COUNSEL
-19 -
SUME 3W
3W5 • IOTH STREET
❑VEMME. CALIFORNIA
of Specific Plan No. 218 shall be the same as those
1
standards identified in Article VI of Ordinance No. 348
2
except that the development standards set forth in
3
Article VI, Sections 6.2(a), (b), (c), and (e)(2) and (3)
4
shall be deleted and replaced by the following:
5
A. Building height shall not exceed three
6
(3) stories, with a maximum height of thirty-five
7
feet (351).
8
B. Lot area shall be not less than six
9
thousand (6,000) square feet. The minimum lot area
10
shall be determined by excluding that portion of a
11
lot that is used solely for access to the portion
12
of a lot used as a building site.
13
C. The minimum average width of that portion
14
of a lot to be used as a building site shall be
� 15
fifty-five feet ( 55' ) with a minimum average depth
16
of ninety feet (901). That portion of a lot used
17
for access on "flag" lots shall have a minimum
18
width of twenty feet (201).
19
D. Side yards on interior and through lots
20
shall be not less than five feet (5'). Side yards
21
22
on corner and reversed corner lots shall be not
less than fifteen feet (15' ) from the existing
23
street line or from any future street line as shown
24
on any Specific Plan of highways, whichever is
25
nearer the proposed structure, upon which the main
26
building sides, except that where the lot is less
27
than fifty feet (501) wide, the yard need not
28
GERALD J. GEFRLlNGS
COLWTY couNSEL
- 2 0 -
SWE 300
3535-10TH STREET
RIVERSIDE- CALFORNIA
1
2
I
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
RLW:cg:bin
"I-13LIT 27
'88
28
GERALD J. GEERLINGS
COUKTY COUNSEL
SLATE 300
3535.10TH STREET
VVERSIDE. CAU FORMA
exceed twenty percent (20%) of the width of the lot.
E. The rear yard shall be not less than
twenty-five feet (251). except when the rear yard
adjoins a golf course. the rear yard shall be not
less than fifteen feet (151).
(3) Except as provided above, all other zoning
requirements shall be the same as those requirements
identified in Article VI of Ordinance No. 348.
Section 3. This ordinance shall take effect 30 days
after its adoption.
ATTEST:
GERALD A. MALONEY
Clerk of the Board
BY:
(SEAL)
Deputy
BOARD OF SUPERVISORS -OF THE COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA
By
-21-
Chairman
DEVELOPMENT AGREEMENT 42
November 7,1988
Recorded at request of
Clerk. Board of Supervisors
C':
County of Riverside
a
When rel-arded return to
C3
Riverside County Planning Director
a
4080 Lemon Street. 9th Floor
s
�
CTRiverside,
CA 92501
4$
o
DEVELOPMENT AGREEMENT NO. 42
A DEVELOPMENT AGREEMENT BETWEEN
1 COUNTY OF RIVERSIDE
and
HOWARD B. KECK, JR. and DENISE PAGLIUSO KECK
Specific Plan No. 218 - (Rancho La Quinta)
OCT
0�
C:
Development Agreement No. 42
TABLE OF CONTENTS
SECTION HEADING
1.
2.
PAGE
RECITALS . . . . . . . . . . . . . . . . 1
DEFINITIONS AND EXHIBITS . . . . . . . . 3
1.1
Definitions . . . . . . . . . . . . . 3
1.1.1
Agreement . . . . . . . . . . . . . 3
1.1.2
COUNTY . . . . . . . . . . . . . . . 3
1.1.3
Development . . . . . . . . . . . . 3
1.1.4
Development Approvals . . . . . . . 3
1.1.5
Development Exaction . . . . . . 3
1.1.6
Development Plan . . . . . . . . . 4
1.1.7
Effective Date . . . . . . . . . 4
1.1.8
Existing Development Approvals . . . 4
1.1.9
Existing Land Use Regulations . . . 4
1.1;10
Land Use Regulations . . . . . . . 47
1. V. 11
OWNER . . . . . . . . . . . 4
1.1.12
Mortgagee . . . . . . . . 5
1.1. 13
Project . . . . . . . . . . . . 5
1.1.14
Property . . . . . . . . . . . . . . 5
1.1.15
Reservations of Authority 5
1.1.16
Subsequent Development Approvals 5
1.1.17
Subsequent Land Use Regulations . . 5
1.2
Exhibits . . . . . . . . . . . . . . . 5
GENERAL PROVISIONS . . . . . . . . . . .
2.1
Binding Effect of Agreement . . . . .
2.2
Ownership of Property . . . . . . . .
2.3
Term . . . . . . . . . . . . . . . . .
2.4
Assignment . . . . .
2.4.1
Right to Assign . . . . . . . . .
2.4.2
Release of Transferring Owner . . .
2.4.3
Subsequent Assignment . . . . . . .
2.4.4
Partial Release of Purchaser,
Transferee, or Assignee of
Industrial or Commercial Lot . . . .
2.4.5
Termination of Agreement With
Respect to Individual Lots Upon
Sale to Public and Completion
of Construction . . . . . . . . . .
2.5
Amendment or Cancellation of Agreement
2.6
Termination . . . . . . . . . . . . .
2.7
Notices . . . . . . . . . . . . . . .
5
5
5
6
6
6
6
7
7
7
8
8
8
i
C
SECTION
HEADING
PAGE
3•
DEVELOPMENT OF THE PROPERTY .
. . . .
. 10
3.1
Rights to Develop
3.2
Effect of Agreement on Land*Use
10
Regulations
3.3
Timing of -Development • . . . . . .
10
3.
Phasing Plan ' ' ' ' ' • •
. 10
3.5
3.6
Changes and Amendments . . . . . ' .
. ' ' • •
• 11
11
3.6.1
Reservations of Authority
•
11
Limitations, Reservations and
Exceptions
3.6.
3.6.3
Subsequent Development Approvals .
. 11
13
Modification or Suspension by -
3.6.4
State or Federal Law . . . . ' '
. 13
Intent
3.7
Public Works
13
3.8
.
Provision of Real -Property . . . .
13
3.9
Interests by COUNTY
13
3.1
Regulation by Other Public Agencies
. 14
3.11
Tentative Tract Map Extension
14
Vesting Tentative Maps . . . . . . .
14
4.
PUBLIC BENEFITS
.14
4.1 "
Intent
4.2
Public Facilities and Services
14
Mitigation Fee
4.2.2
4.2.
.-
Amount and Components of Fee • •
15
15
4.2.3
Time of Payment
•
4.2.4
Reduction for Low -Occupancy . . .
. 15
4.2.5
Annual Fee Adjustment
' '
16
4.3
Credits
Continuation of Fees . .
16
.
. . . . . . .
16
5'
FINANCING OF PUBLIC IMPROVEMENTS . • .
17
6.
REVIEW FOR COMPLIANCE
6.1
Periodic Review
6.2
Special Review . . . . . ' ' • • • •
17
6.3
Procedure . . . . ' ' ' • • • •
17
6.4
Proceedings Upon Modification
17
6.
or Termination .
18
6.6
Hearing on Modification or Termination
Certificate
18
of Agreement Compliance .
18
7•
INCORPORATION AND ANNEXATION . - .
19
7.1
Intent
7.2
Incorporation • . . . . . . . . '
19
7.3
Annexation . . . . ' . ' . • • • .
19
. . . .
19
ii
SECTION HEADING
8, DEFAULT AND REMEDIES .
9.
491F
11.
PAGE
. 19
8.1 Remedies in General . . . . . . . . . 19
8.2 Specific Performance . . . . . . . . . 20
8.3 Release . . . . . . . . . . . . . 20
8.4 Termination or Modification of
Agreement for Default of OWNER 20
8.5 Termination of Agreement for
Default of COUNTY . . . . . . . . , . 21
THIRD PARTY LITIGATION . . . . . . . , . 21
9.1
General Plan
Litigation . . .
. 21
9.2
Third Party
Ligitation Concerning
Agreement .
. . . . . . . . . . . .
. 22
9.3
Indemnity .
. . . . . . . . . . . .
. 22
9.4
Environment
Assurances . . . . . . .
. 22
9.5
Reservation
of Rights . . . . . . .
. 22
9.6
Survival . .
. . . . . . . . . . . .
. 23
MORTGAGEE PROTECTION . . . . . . . . . 23
MISCELLANEOUS PROVISIONS . . . . . . . . 249
Recordation of Agreement . . . . . .
. 24
Entire Agreement . . . . . . . . . .
, 24
Severability . . . . . . . .
. 24
Interpretation and Governing Law . .
. 24
Section Headings . . . . . . . . . .
. 25
Singular and Plural . . . . .
. 25
Joint and Several Obligations . . .
. 25
Time of Essence . . . . . . . . .
. . 25
Waiver . . . . . . . . . .
. . 25
No Third Party Beneficiaries . . .
. . 25
Force Ma jeure . . . . . . . . . .
. . 25
Mutual Covenants . . . . . . . . .
. . 25
Successors in Interest . . . . . .
. . 26
Counterparts . . . . . . . . . . .
. . 26
Jurisdiction and Venue . . . .
. . 26
Project as a Private Undertaking .
. 26
Further Actions and Instruments
26
Eminent Domain . . . . . . . . . .
. . 26
Agent for Service of Process
27
Authority to Execute . . . . . . .
. . 27
Signatures . . . . . . . . . . . . .
. . 27
iii
n�ti fir.:,{yid„ y•,
DEVELOPMENT AGREEMENT NO. 42
This Development Agreement (hereinafter "Agreement") is
entered into effective on the date it is recorded with the
Riverside County Recorder (hereinafter the "Effective Dater) by
and among the COUNTY OF RIVERSIDE (hereinafter "COUNTY"), and the
persons and entities listed below (hereinafter "OWNER"):
Howard B. Keck, Jr. and Denise Pagliuso Keck, husband and wife
RECITALS
WHEREAS, COUNTY 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. COUNTY has adopted rules and regulations for
consideration of development agreements, pursuant to Section
65865 of -the Government Code; and,
WHEREAS. OWNER has requested COUNTY to enter into a
development agreement and proceedings have been taken in
accordance with the rules and regulations of COUNTY; and,
WHEREAS, by electing to enter into this Agreement, COUNTY
shall bind future Boards of Supervisors of COUNTY by the
obligations specified herein and limit the future exercise of
certain governmental and proprietary powers of COUNTY; and,
WHEREAS, the terms and conditions of this Agreement have
undergone extensive review by COUNTY and the Board of Supervisors
and have been found to be fair, just and reasonable; and,
WHEREAS, the best interests of the citizens of Riverside
County and the public health, safety and welfare will be served
by entering into this Agreement; and,
WHEREAS, all of the procedures of the California
Environmental Quality Act have been met with respect to the
Project and the Agreement; and,
WHEREAS, this Agreement and the
with the Riverside County Comprehensive
Specific Plan applicable thereto; and.
Project are consistent
General Plan and any
-1-
t�7 WHEREAS, all actions taken and approvals given by COUNTY
have been duly taken or approved in accordance with all
applicable legal requirements for notice, public hearings,
t�2 findings, votes, and other procedural matters; and,
WHEREAS, development of the Property in accordance with
this Agreement will provide substantial benefits to COUNTY and
will further important policies and goals of COUNTY; 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 65854, et se . 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.
IW4!
COVENANTS
NOW, THEREFORE, in consideration of the above recitals
M 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:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following,terms when used in this
Agreement shall be defined as follows:
1.1.1 "Agreement" means this Development
Agreement.
1.1.2 "COUNTY" means the County of Riverside. a
political subdivision of the State of California.
1.1.3 "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 .
1.1.4 "Development Approvals" means all permits
and other entitlements for use subject to approval or
issuance by COUNTY in connection with development of the
Property 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;
(e) Grading and building permits.
1.1.5 "Development Exaction" means any
requirement of COUNTY 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
-3-
to lessen, offset, mitigate or compensate for the impacts
of development on the environment or other public
interests.
1.1.6 "Development Plan" means the Existing
Development Approvals and the Existing Land Use
Regulations applicable to development of the Property.
1.1.7 "Effective Date" means the date this
Agreement is recorded with the County Recorder.
1.1.8
all Development
Effective Date.
the Approvals i
other Approvals
the Effective D
"Existing Development Approvals" means
Approvals approved or issued prior to the
Existing Development Approvals includes
ncorporated herein as Exhibit "C" and all
which are a matter of public record on
ate.
1.1.9 "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.
1.1.10 "Land Use Regulations" means all
ordinances, resolutions, codes, rules, regulations and
official policies of COUNTY 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 COUNTY ordinance,
resolution, code, rule, regulation or official policy,
governing:
(a) The conduct of businesses, professions,
and occupations;
(b) Taxes and assessments;
(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and
the conveyance of rights and interests which
provide for the use of or the entry upon public
property;
(e) The exercise of the power of eminent
domain.
1.1.11 "OWNER" means the persons and entities
listed as OWNER on page 1 of this Agreement and their
successors in interest to all or any part of the Property.
-4-
1.1.12 "Mortgagee" means a mortgagee of a
c- mortgage, a beneficiary under a- deed of trust or any
C2other security -device lender, and their successors and
assigns.
1.1.13 "Project" means the development of the
Property contemplated by the Development Plan as such
Plan may be further defined, enhanced or modified
pursuant to the provisions of this Agreement.
1.1.14 "Property" mean'; the real property
described on Exhibit "A" and shown on Exhibit "B" to this
Agreement.
1.1.15 "Reservations of Authority" means the
rights and authority excepted from the assurances and
rights provided to OWNER under this Agreement and
reserved to COUNTY under Section 3.6 of this Agreement.
1.1.16 "Subsequent Development Approvals" means
all Development Approvals required subsequent to the
Effective Date in connection with development of the
Property.
1.1.17 "Subsequent Land Use Regulations" means
any Land Use Regulations adopted and effective after the
Effective Date of this Agreement.
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 IIBII -- Map showing Property and its
location.
Exhibit "C" -- Existing Development Approvals.
Exhibit "D" -- Existing Land Use Regulations.
Exhibit "E" -- Fee Credits.
2. GENERAL PROVISIONS.
2.1 Binding Effect of A reement. 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 OwnershiR of Property. OWNER represents and
covenants that it is the owner of the fee simple title to the
Property or a portion thereof.
5-M
0i
C% 2.3 Term. The term of this Agreement shall commence on
c-� the Effective Date and shall continue for a
1� period of 10 (ten)
years thereafter unless this term is modified or extended
pursuant to the provisions of this Agreement.
2.4 Assi nment.
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 5LQ „ or Riverside County Ordinance No. 460) to
any person, partnership, joint venture, firm or
corporation at any time during the term of this
Agreement, provided, however, that any such sale,
transfer or assignment shall include the assignment and
assumption of the rights, duties and obligations arising
under or from this Agreement and be made in strict
compliance with the following conditions precedent:
(a) No sale, transfer or assignment of any
right or interest under this Agreement shall be
made unless made together with the sale, transfer
or assignment of 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 COUNTY, in writing,
Of such sale, transfer or assignment and shall
provide COUNTY with an executed agreement, in a
form reasonably acceptable to COUNTY, 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.
2.4.2 Release of Transferrin 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 COUNTY. which release shall be
Provided by COUNTY upon the full satisfaction by such
transferring OWNER of the following conditions:
-6-
7 (a) OWNER no longer has a legal or equitable
interest in all or any part of the Property.
(b) OWNER is not then in default under this
Agreement.
(c) OWNER has provided COUNTY with the notice
and executed agreement required under Paragraph (b)
Of Subsection 2. 4 _ 1 ahnu a
(d) The purchaser, transferee or assignee
provides COUNTY 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 Partial Release of Purchaser Transferee
or Ass' nee of Industrial or Commercial Lot. A
purchaser, transferee or assignee of a lot; which has
been finally subdivided as provided for in the
Development Plan and for which a commercial or industrial
Plot plan for development of the lot has been finally
approved pursuant to the Development Plan, may submit a
request, in writing, to COUNTY to release said lot from
the obligations under this Agreement relating to all
other portions of the property. Within thirty (30) days Of such request. COUNTY shall review, and if the above
conditions are satisfied shall approve the request for
release and notify the purchaser, transferee or assignee
in writing thereof. No such release approved pursuant to
this Subsection 2.4.4 shall cause, or otherwise affect, a
release of OWNER from its duties and obligations under
this Agreement.
2.4.5 Termination of A reement With Res ect to
Individual 'Lots U on 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 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
-7-
(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 of this Agreement have been
paid.
2.5 Amendment or Cancellation of A reement. This
Agreement may be amended or cancelled in whole or in part only by
written consent of all parties in the manner provided for in
Government Code Section 65868. This provision shall not limit
any remedy of COUNTY 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 stated term of this
Agreement as set forth in Section 2.3. -
(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 COUNTY or
applicable public agency of all required dedications.
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 COUNTY
for residential units on which construction has not yet begun
shall be refunded to OWNER by COUNTY.
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.
-8-
M (b) All notices shall be in writing and shall be
considered given either: (i) when delivered in
the recipient named below; or person to
C") te of
delivery shown on the return receipt, afterdepositin 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 COUNTY:
Clerk of the Board of
County of Riverside
4080 Lemon St., 14th
Riverside, CA 92501
With copies to:
County Administrative
County of Riverside
4080 Lemon St., 12th
Riverside, CA 92501
and
Supervisors
Floor
Officer
Floor
Director
Planning Department
County of Riverside
4080 Lemon St., 9th Floor
Riverside, CA 92501
County Counsel
County of Riverside
3535 Tenth St., Suite 300
Riverside, CA 92501
If to OWNER:
Howard B Keck
P. O. Box 1380
Coachella, CA
with a copy to:
and Denise Pagliuso Keck
92236-1380
Charles M. Ellis, Esq.
Best, Best & Krieger
39700 Bob Hope Drive, Suite 312
Rancho Mirage, CA 92270
ither
time, require subsequentEnoticesatoybeagiven tobnotice anothereperat
sonnor
entity, whether a party or an officer or representative of a
party, or to a different address, or both. Notices given before
-9-
actual receipt of notice of change shall not be invalidated by
the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Riahts to Develo . 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 A regiment on Land Use Ee ulations.
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, COUNTY 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. COUNTY 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 Timincr of Develo ment. 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. Cit
of Camarillo (1984) 37 Cal.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
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 the Development Plan or the Phasing Plan set forth in
Section 3.4.
-10-
3.4 Phasin Plan. Development of the Property shall be
phasing requirements established by the
subject to all timing and
Development Plan.
3.5 Chances 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 mu*ually 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 COUNTY 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 COUNTY's reasonable discretion, a change to
s shall
deemed
the quireganeamendment topthisle
Agreementprovided11
resuch change
minor" and
not require
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 Authorit .
3.6.1 Limitations Reservations and
_Exceytions_. 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 COUNTY to cover the estimated
actual costs to COUNTY of processing applications
for Development Approvals or for monitoring
compliance with any Development Approvals granted
or issued.
-11-
(b) Procedural regulations relating to
�= applications, notices,
r hearing bodies,
petitions.
l findings. records, hearings, reports,
, appeals and any other matter of
�� recommendations
procedure.
(c) Regulations governing construction
standards and specifications including, without
limitation, the County's Building Code, Plumbing
Code, Mechanical Code, Electrical Code. Fire Code
and Grading Code.
(d) Regulations imposing Development
Exactions; provided, however, that no such
subsequently adopted Development Exaction shall be
applicable to development of the Property unless
such Development Exaction is applied uniformly to
development, either throughout the COUNTY or within
a defined area of benefit which includes the
Property. No such subsequently adopted Development
Exaction shall apply if its application to the
Property would physically prevent development of
the Property for the uses and to the density or
intensity of development set forth in the
Development Plan. In the event any such
subsequently adopted Development Exaction fulfills
the same purposes, in whole or in part. as the fees
set forth in section 4 of this Agreement. COUNTY
shall allow a credit against such subsequently
adopted Development Exaction for the fees paid
under Section 4 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.
-12-
M ' 3.6.2 Subs e uent Develo ment AolDrovals. This
Agreement shall not prevent COUNTY, in acting on
Subsequent Development Approvals, from applying
1 Subsequent Land Use Regulations which do not conflict
with the Development Plan, nor shall this Agreement
prevent COUNTY 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
regul.ations,* 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 COUNTY 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 COUNTY 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 COUNTY
all such power and authority which cannot be restricted
by contract.
3.7 Public Works. If OWNER is required by this
Agreement to construct any public works facilities which will be
dedicated to COUNTY 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 COUNTY or such other public agency
should it have undertaken such construction.
3.8 Provision of Real ProRerty Interests by COUNTY. 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 COUNTY may
reasonably incur. COUNTY 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
-13-
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
M 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 COUNTY upon the'development of the Project 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 COUNTY possess authority to regulate aspects of
the development of the Property separately from or jointly with
COUNTY and this Agreement does not limit the authority of such
other public agencies. For example, pursuant to Government Code
Section 66477 and Section 10.35 of Riverside County Ordinance No.
460, another local public agency may provide local park and
recreation services and facilities and in that event, it is
permitted. and therefore shall be permitted by the parties, to
participate jointly with COUNTY to determine the location of land
to be dedicated or in lieu fees to be paid for local park
purposes,, -provided that COUNTY shall exercise its authority
subject to the terms of this Agreement.
3.10 Tentative Tract Map Extension. Notwithstanding the
provisions of Section 66452.6 of the Government Code, no
tentative subdivision map or tentative parcel map, heretofore or
hereafter approved in connection with development of the
Property, shall be granted an extension of time except in
accordance with the Existing Land Use Regulations.
3.11 Vesting Tentative maps. If any tentative or final
subdivision map. or tentative or final parcel map, heretofore or
hereafter approved in connection with development of the
Property, is a vesting map under the Subdivision Map Act
(Government Code Section 66410. et sec.) and Riverside County
Ordinance No. 460 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 provisions in this Agreement shall be
controlling over any conflicting provision of law or ordinance
concerning vesting maps.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that
development of the Property will result in substantial public
-14-
needs which will not be fully met by the Development Plan and
LO further acknowledge and agree that this Agreement confers
P, 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 Public Facilities and Services Mitigation Fee.
I 4.2.1 Amount and Components of Fee. OWNER
a.e shall pay to COUNTY a public facilities and services
mitigation fee in the total amount of $4277.00 for each
residential unit constructed on the Property, which fee
shall be comprised of the following components:
(a) Public Facilities Fee $1891 per Residential
Unit
(b) Regional Parkland Fee $350.Q0 per
Residential Unit with
$50.00 allocated for
recreational trails
(c) Habitat Conservation
and Open Space Land
Bank Fee 4260.00 per
Residential Unit
(d) Public Services
Offset Fee $1776.00 per
Residential Unit
The amount of the public facilities and services
mitigation fee shall be adjusted annually as provided in
Subsection 4.2.4.
4.2.2 Time of Pavment. The fees required
pursuant to Subsection 4.2.1 shall be paid to COUNTY
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 Reduction for Low-Occ"ancy Residential
Units. The fees required pursuant to Subsection 4.2.1
shall be reduced by 33.3 percent for low -occupancy
residential units. For the purposes of this Subsection,
low -occupancy residential units shall be limited to the
following:
(a) One bedroom and studio apartments (family
rooms, dens, and any similar room shall be
considered to be bedrooms);
-15-
(b) Mobilehomes;
c-
(c) Residential units in developments that
are legally restricted to occupancy by senior
citizens pursuant to Riverside County Ordinance No.
348 or state law.
4.2.4 Annual Fee Adjustment. The fees required
pursuant to Subsection 4.2.1 shall be adjusted annually
during the term of this Agreement on the anniversary of
the Effective Date in accordance with the changes in the
Consumer Price Index for All Urban Consumers in the Los
Angeles -Anaheim -Riverside Area (hereinafter CPI)
published monthly by the U.S. Bureau of Labor
Statistics. The annual adjustment shall be calculated in
the following manner:
(a) Divide.the CPI for month and year of the
Effective Date into the CPI for the month
immediately preceding the anniversary in which said
fees are to be adjusted.
(b) Multiply the quotient obtained by the
calculation in Paragraph (a) above times said fees.
(c) The result of the multiplication obtained
in Paragraph (b) above shall constitute the fees
payable during the succeeding year.
If the CPI specified herein is discontinued or revised
during the term. of this Agreement, such other government
index or computation with which it is replaced shall be
used in order to obtain substantially the same result as
would have been obtained if the CPI had not been
discontinued.
In no event shall the fees be less than the fees set
forth in Subsection 4.2.1.
4.2.5 Credits. OWNER shall be entitled to
credit against the fees required pursuant to Subsection
4.2.1 for the dedication of land, the construction of
improvements or the payment of fees as specifically set
forth in Exhibit "E".
To the extent that Subsection 4.2.4 results in an
increase in the fees payable pursuant to 4.2.1(a), then
the credit provided in this Subsection for Public
Facilities as specified in Exhibit "E" shall be likewise
increased by the same percentage. No increase in the
credits set forth in Exhibit "E" shall be allowed for any
item which is not specifically identified as a Public
Facility Credit on Exhibit "E".
4.3 Continuation of Fees. Should all or any portion of
Property become part of a city or another county, the fees
payable pursuant to Section 4.2 shall remain and still be payable
to COUNTY on the following basis:
-16-
(a) Fees under 4.2.1(a) shall be payable at the
y' rate of five and three tenths percent (5.3%) thereof to
COUNTY and the remainder to such city or other county.
C7
(b) Fees payable under Subsections 4.2.1(b) an
(c) shall be fully payable to COUNTY.
(c) Fees under Subsection 4.2.1(d) shall be
payable at the rate of'one-third (1/3) thereof to such
city or other county and the remainder to COUNTY.
r
r
5, FINANCING OF PUBLIC IMPROVEMENTS.
If deemed appropriate. COUNTY 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. COUNTY 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 gvntained in this Agreement shall be construed as
requiring COUNTY or the COUNTY Board of Supervisors 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 the
Agreement during the succeeding year. The amount of the annual
review and administration fee shall be set annually by resolution
of the 'Board of Supervisors.
6.2 Special Review. The Board of Supervisors 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 the Agreement. The burden
of proof on this issue shall be on OWNER.
-17-
(b) Upon completion of a periodic review or a
;n special review, the Planning Director shall submit a
report to the Board of Supervisors setting forth the
evidence concerning good faith compliance by OWNER with
the terms of this Agreement and his recommended finding
on that issue.
(c) If the Board 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 Board makes a preliminary finding that
OWNER has not complied in good faith with the terms and
conditions of this Agreement, the Board may modify or
terminate this Agreement as provided in Section 6.4 and
Section 6.5. Notice of default as provided under Section
8.4 of this Agreement shall be given to OWNER prior to or
concurrent with, proceedings under Section 6.4 and
Section 6.5.
6.4 Proceedings U on Modification or Termination. If,
upon a finding under Section 6.3. COUNTY determines to proceed
with modification or termination of this Agreement, COUNTY 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 COUNTY
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 Board of Supervisors
finds, based upon substantial evidence, that OWNER has not
complied in good faith with the terms or conditions of the
Agreement, the Board may terminate this Agreement or modify this
Agreement and impose such conditions as are reasonably necessary
to protect the interests of the County. The decision of the
Board of Supervisors 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. COUNTY shall, upon request by
OWNER, issue a Certificate of Agreement Compliance
("Certificate") to OWNER stating that after the most recent
-18-
C:
c�
Periodic or Special Review and based upon the information known
or made known to the Planning Director and Board of Supervisors
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. COUNTY 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 Board of Supervisors.
7. INCORPORATION AND ANNEXATION.
7.1 Intent. If all or any portion of the Property is
annexed to or otherwise becomes a part of a city or another
county, it is the intent of the parties that this Agreement shall
survive and be binding upon such other jurisdiction. .
7.2 Incorporation. If at any time during the term of
this Agreement. a city is incorporated comprising all or any
portion of the Property, the validity and effect of this
Agreement shall be governed by Section 66865.3 of the Government
Code.
7.3 Annexation. OWNER and COUNTY shall oppose, in
accordance with the procedures provided by law, the annexation to
any city of all or any portion of the Property unless both OWNER
and COUNTY give written consent to such annexation.
8. DEFAULT AND REMEDIES.
s.l Remedies in General. It is acknowledged by the
parties that COUNTY 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 COUNTY 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:
(a) For any breach of this Agreement or for any
cause of action which arises out of this Agreement; or
-19-
V
e- (b) For the taking, impairment or restriction of
LO any right or interest conveyed or provided under or
V; 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.
8.2 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 COUNTY
as provided in Section 8.1 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
ttad to utilize the Property or portions thereof. OWNER
lias 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.
8.3 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 COUNTY, 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 COUNTY because it entered into this Agreement or because
of the terms of this Agreement.
8.4 Termination or Modification of Agreement for
Default of OWNER. Subject to the provisions contained in
Subsection 6.5 herein, COUNTY 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. COUNTY may terminate or modify
-20-
C% this Agreement pursuant to this Section only after providing
written aotice 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.
8_5 Termination of Agreement for Default of COUNTY.
OWNER may terminate this Agreement only in the event of a default
by COUNTY in the performance of a material term of this Agreement
and only after providing written notice to COUNTY of default
setting forth the nature of the default and the actions, if any,
required by COUNTY to cure such default and, where the default
can be cured. COUNTY 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.
9. THIRD PARTY LITIGATION.
9.1 General Plan Litigation. COUNTY has determined
that this Agreement is consistent with its Comprehensive General
Plan, herein called General Plan, and that the General Plan meets
all requirements of law. OWNER has reviewed the General Plan and
concurs with COUNTY's determination. The parties acknowledge
that:
(a) Litigation is now pending challenging the
legality, validity and adequacy of certain provisions of
the General Plan; and,
(b) In the future there may be other similar
challenges to the General Plan; and,
(c) If successful, such challenges could delay or
prevent the performance of this Agreement and the
development of the Property.
COUNTY shall have no liability in damages under
this Agreement for any failure of COUNTY 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 Bate, or
at any time thereafter, the General Plan, or portions thereof,
are invalid or inadequate or not in compliance with law.
-21-
9.2 Third Part cation col,
cernin .% regiment. OWNER
L7 shall defend, at its expense, including attorneys, fees,
N indemnify, and hold harmless COUNTY, its agents, officers and
employees from any claim, action or proceeding against COUNTY,
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. COUNTY shall
notify OWNER of any such claim, action or Promptly
p
shall cooperate in the defense. If COUNTY fails dtog� and COUNTY
notify OWNER of any such claim, action or Promptly
COUNTY fails to cooperate in the defense, OWNER eshall not
lf
thereafter be responsible to defend, indemnify, or hold harmless
COUNTY. COUNTY may in its discretion participate in the defense
of any such claim, action or proceeding.
9.3 Indemnity. In addition to the provisions of 9.2
above. OWNER shall indemnify and hold COUNTY, 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 COUNTY. OWNER shall defend. at its expense,
including attorneys, fees, COUNTY, its Officers, agents,
employees and independent contractors in any legal action based
upon such alleged acts or omissions. COUNTY may in its
discretion participate in the defense of any such legal action.
9.4 Environment Assurances. OWNER shall indemnify and
hold COUNTY, 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 about the
Property, including. but not limited to, soil and groundwater
conditions. and OWNER shall defend, at its expense, including
attorneys, fees. COUNTY, its officers, agents and employees in
any action based or asserted upon, any such alleged act or
omission. COUNTY may in its discretion participate in the
defense of any such action.
9.5 Reservation of Ri hts. With respect to Sections
9.2. 9.3 and 9.4 herein. COUNTY reserves the right to either (1)
approve the attorney(s) which OWNER selects, hires or otherwise
engages to defend COUNTY hereunder. which approval shall not be
unreasonably withheld. or (2) conduct its own defense, however, that OWNER shall reimburse COUNTY forthwith for anydedand
-22-
V J
C: all reasonable expenses incurred for such defense, including
7 attorneys' fees, upon billing and accounting therefor.
y 9.6 Survival. The provisions of this Sections 9.1
through 9.6. inclusive, shall survive the termination of this
Agreement.
10. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not
prevent or limit OWNER, in any manner, 3t 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. COUNTY 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.
COUNTY 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
COUNTY in the manner specified herein for giving notices,
shall be entitled to receive written notification from
COUNTY of any default by OWNER in the performance of
OWNER's obligations under this Agreement.
(c) If COUNTY timely receives a request from a
Mortgagee requesting a copy of any notice of default
given to OWNER under the terms of this Agreement. COUNTY
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
-23-
V•
l
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 covenant to be performed by OWNER is a condition
precedent to the performance of a covenant by COUNTY ,
the performance thereof shall continue to be a condition
precedent to COUNTY'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.
11. MISCELLANEOUS PROVISIONS.
11.1 Recordation of Agreement. This Agreement and any
amendment or cancellation thereof shall be recorded with the
County Recorder by the Clerk of the Board of Supervisors within
the period required by Section 65868.5 of the Government Code.
11.2 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.
11.3 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 COUNTY 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.
11.4 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.
-24-
11.5 Section Headings. All section headings and
subheadings are inserted for convenience only and shall not
affect any construction or interpretation of this Agreement.
11.6 Sing,21ar and Plural. As used herein, the singular
of any word includes the plural.
11.7 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.
11.6 Time of Essence. Time is of the essence in the
performance of the provisions of this Agreement as to which time
is an element.
11.9 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.
11.10 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.
11.11 Force Ma'eure. 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.
11.12 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.
-25-
09 .
e� 11.13 Successors in Interest. The burdens of this
Agreement shall be binding upon, and the benefits of this
~j 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) reins 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.
11.14 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.
11.15 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 otrier
court. :
11.16 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 Agreement. The only relationship between COUNTY
and OWNER is that of a government entity regulating the
development of private property and the owner of such property.
11.17 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
acknowledgement 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.
11.18 Eminent Domain. No provision of this Agreement
shall be construed to limit or restrict the exercise by COUNTY of
its power of eminent domain.
-26-
11.19 A ent 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.
11.20 Authority to Execute. The person or persons
executing this Agreement on behalf of OWNER warrants and
represents that he/they have the authority to execute this
Agreement on behalf of his/their corporation, partnership or
business -entity and warrants and represents that he/they has/have
the authority to bind OWNER to the performance of its obligations
hereunder.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year set forth below.
COUNTY OF RIVERSIDE
Dated• - BY `
airman, Bo rd of Sidpervisors
ATTEST:
GERALD A. MALONEY
C erk of the Board
Byj]2� �,) �"
D (i ty
(SEAL)
GB: if
36PLAN
9-30-88
—27— OCT B 198d /
OWNERS:
Dated:
—
Howard B. Keck, Jr.
Dated:
CAT. NO. NN00627
TO 1944 CA (t --83)
(Individual)
STATE OF CALIFORNIA
wise Pa Keck
TICO R TITLE IN 5URAN CE
COUNTY OF RIVERSIDE SS.
on October !�f , 1988 before me, the undersigned, a Notary Public in and for
said State, personally appeared HOWARD B . KECK , JR . and DENI SE PAGLIUSO
KECK
personally known to me or
proved to me on the bisis of satisfactory evidence to be
the person Swhose names are subscribed to the
within instrument and acknowledged that -t-h-=� exe-
cuted the same.
WITNESS my hand official
Signature
k OFFICIAL SEAL
� ? CONNIE LEE BISSELL
+'- a�•:'r • '� 1l07ARY PUBLIC - CALIFORNIA
�•: ! LES COUIfTY �Oo Ps:3E '
14 cr. n,rcy^'res DEC 9, 1988
701 S--nta h1or.;ca 81.. 3rd Fir., S:r.:a hlcnica, CA SC401
(This am for official notarial seal)
[ALL SIGNATURES SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC.
EXECUTION ON BEHALF OF ANY CORPORATION SHALL BE BY TWO CORPORATE
OFFICERS.]
—28—
Development,Agreement No. 42
EXHIBIT 'A
LEGAL DESCRIPTION OF THE PROPERTY
Page 1 of 4
PARCEL 1
The West half of the Northeast quarter of the Northwest quarter of the Northeast quarter
of Section 34, Township 6 South, Range 7 East, San Bernardino Base and Meridlan.
A one -sixteenth (1116) Interest In a water well located In 30 feet square on the West line
of the West half of the Northeast quarter of the Northwest quarter of the Northeast
quarter of Section 34, Township 6 South, Range 7 East, San Bernardino Base and Meridian,
as shown by United States Government Survey..
PARCEL 2
The Northeast quarter of the Northeast quarter of Section 28, Township 6 South, Range 7
East, San Bernardino Base and Meridian, according to the official plat thereof.
PARCEL 3
The Vest half of the South 30 acres of the East half of the Southwest quarter of Section
34, Township 6 South, Range 7 East, San Bernardino Base and Meridian;
EXCEPTING that portion conveyed to the United States of America, by deed recorded
May 26, 1956 as Instrument No. 55122 of Official Records of Riverside County,
California, described as follows:
BEGINNING at a point on the South line of said Section 34, said point being the Southwest
corner of said Southwest quarter of the Southeast quarter of the Southwest quarter;
THENCE North 000 14, West, along the West line of said Southwest quarter of the
Southeast quarter of the Southwest quarter, 296.75 feet to a point on a curve;
THENCE 303.10 feet along the a&c of said curve, to the right, having a Sadius of 8,090.00
feet, and a central angle of 02 09' 39" whose chord bears South 13 39' 07" East, a
distance of 305.09 feet to a point on the South line of said Section 34;
THENCE South 890 47' 45" West, along said South line, 80.77 feet to the point of
beginning.
PARCEL 4
The East half of the South 30 acres of the East half of the Southwest quarter of Section
34, Township 6 South, Range 7 East, San Bernardino Base and Meridian.
PARCEL 5
The East 12-1/2 acres of the South 25 acres of the North SO acres of the East half of the
Southwest quarter of Section 34, Township 6 South, Range 7 East, San Bernardino Base
and Meridian.
PARCEL 6
Parcels 1, 2, 3 and 4 of Parcel Map 13971, as shown by Flop on file in Book 89, pages 69
and 70 of Parcel Maps, Records of Riverside County, California.
TOGETHER with the Southerly rectangular I I.00 feet of Lots A and B (60th Avenue), and
all of Lots C and D (Madison Street), and Lots E, F. G and H (Karin Lee Court), and Lots I
and 3 (Westside Drive), as shown on Parcel Map No. 13971 on file in Book 89 pages 69 and
70, of Parcel h:aps, Records of Riverside County, Callfornla, as vacated by a Resolution
of the Board of Supervisors, for the County of Riverside, recorded April 6, 1993 as
Instrument No. 64374 of Official Records of Riverside County, California.
- Page 2 of 4
PARCEL 7
e Southwest quarter of Section 34, Township 6
The North 25 acres of the East half of th
South, Range 7 East, San Bernardino Base and Merldian.
PARCEL the
The West half of the South 25 acres of the 34 Township 6 South,h50 aes of the East ltange7 East, San Bernhalf
of
Southwest quarter of SectionBase
,
and Meridian.
PARCEL 9
The h'artheast quarter of the Northeast quarter of Section 34, Township 6 South,
u-theast quarter ofRange
7
East, San Bernardino Base and
l;ierldian, the Northe 7 Eastof the , San Bernardino Base and
Northeast quarter of Section 34, Township 6 South, Rang
Meridian.
PARCEL 10
The Rest half of the Northeast quarter of Section 34, Township 6 South, Range 7 East,
San Bernardino Base and Meridian;
EXCEPTING therefrom the pest half of the Northeast quarter of the Northwest quarter
of the Northeast quarter of Section 34.
PARCEL 11
The East half: of the Northwest quarter of Section 34, Township 6 South, Range 7 East,
San Bernardino Base and Meridian.
FARCEL I2
The Chest half of the Southeast quarter of Section 34, Township 6 South, Range 7 East, San
Bernardino Base and Meridian.
PARCEL 13
The East half of the Southeast quarter of Section 34, Township 5 South, Range 7 East, San
Bernardino Base and hierldian;
- EXCEPTING therefrom the North half of the North half of the Northeast quarter of the
Southeast quarter of Section 34, Township 6 South, Range 7 East, San Bernardino Base and
Meridian;
PARCEL 14
The Northwest quarter of the Northwest quarter of Section 35, Township 6 South, Range 7
East, San Bernardino Base and M.'eridian;
EXCEPTING therefrom a right-of-way for public highway, over the North 30 feet and the
West 30 feet of said land.
PARCEL 15
The Southwest quarter of the Northwest quarter of Section 35, Township 6 South, Range 7
East, San Bernardino Base and Meridian; d d
EXCEPTING the South 40 feet conveyed to the County of Riverside, by deed re --or V.
November 15, 1417, in Book 471 page 252 of Deeds, Records of Riverside County,
�..� Calif orraa.
agA Wat 4
Cam`. PARCEL 16
r-
Ll The Southeast quarter of the Northwest quarter, the -southerly 1$4 uarter, tht of e Northwest
�2 quarter of the Northwest quarter, the South half of the ryarthcast q
South, Range 7 mast, San
quarter of the Northeast quarter, all in Section 28, Township 6
Bcrnardim Base and Meridian.
EXCEPTING therefrom that portion thereof
No. contained of Official Records.
et E. Mettler,
et al, recorded May 6, 1981 as 1 ns trum
ALSO EXCEPTING therefrom that portion thereof included within 58th Avenue.
PARCEL 17 q f 6 South Range 7
The' Northeast quarter of the Southwest quarter of Section 28 Township , ag
East, San Bernardino Base and Meridian.
PARCEL I3
The Southwest quarter of the Southeast quarter of Sect
28, Township 6 South, Range 7
East, San Bernardino Base and Meridian;
er of the
EXCEPTING therefrom that Ixi 4v�rntshif 6 South,land 1Range 7 EastIn the , �ase��d to Base and
Southeast quarter of Section 280 Township
hierldlan, being more particularly described as follows'
BEGINNING at the South quarter corner of said Section 28;
THENCE North 000 OT 45" Vest, along the 'hest boundary of said Southwest quarter of
the Southeast quarter, 287.39 f eet to a point on the arc of a curve;
THENCE 94.73 feet alonS the an whale chard bears Southof said curve, tOy6h6t'V 04, 30" East aing a radius of sdis�tance of
and a central angle of 05 5T 5 i
94.68 feet' 0
679.03 feet to a point in the South boundary of said
THENCE South 6903, 45" East,
Southwes
rl
THENCEt South g9ouarter of29'e45" West, alongSouthest saidSouth boundary 720.12 feet to the Point of
Beginning;
EXCEPTING therefrom that portion thereof lying althln 60th Avenue.
PARCEL 19
The North half of the Southeast quarter of Section 289 Township 6 South, Range 7 East,
San Bernardino Base and heridian.
PARCEL 20
The South half of the Northwest
quarter of Section 27, Township 6 South, Range 7 East,
San Bernardino Base and Meridian;
EXCEPTING therefrom the North 180 feet of the West 360 feet thereof;
ALSO EXCEPTING therefrom that portion thereof lying within Madison Street.
Page 4 of 4 -
PARCEL 21
•The Southwest quarter of Section 27, Township 6 South, Range 7 East, San Bernardino
�= Base and Meridian;
EXCEPTING therefrom that portion of the Southwest quarter of said Southwest quarter,
lying Southerly and Westerly of a straight line drawn from the Northwest corner of the
Bald 5outhwest quarter of the Southwest quarter, to the Southeast corner of said
Southwest quarter of the Southwest quarter,
EXCEPTING therefrom that portion thereof lying within 60th Avenue.
PARCEL 22
An easement for road purposes, over the Southerly ;0 feet, the Easterly 20 feet and the
Westerly 20 feet, of the following described property;
The Northeast -quarter of the Northwest quarter of Section 28, Towruhip 6 South, Range 7
East, San Bernardino Base and Meridian;
EXCEPTING therefrom the Southerly 180 feet thereof.
PARCEL 23
An easement for road purposes, over the Southerly 20 feet, and the Easterly 15 feet of the
Westerly 820 feet of the following described property:
The Northwest quarter of the Northeast quarter of Section 28, Township 6 South, Range 7
East, San Bernardino Base and Meridian;
EXCEPTING therefrom the Southerly 180 feet thereof.
PARCEL 24
The Southwest quarter of the Southwest quarter of Section 26, Township 6 South, Range 7
East, San Bernardino Base and I,ieridian.
PARCEL 25
The South half of the Northwest quarter of the Southwest quarter of Section 26, Township
6 South, Range 7 East, San Bernardino Base and Meridian.
PARCEL 26
The South half of the North half of the Northwest quarter of the Southwest quarter of
Section 26, Township 6 South, Range 7 East, San Bernardino Base and "Meridian.
PARCEL 27
The Northeast quarter of the Southwest quarter of Section 26, Township 6 South, Range 7
East, San Bernardino Base and heridian, according to the official plat thereof.
TOGETHER with all of Grantors right, title and Interest in and to all buildings, structures,
Improvements fixtures, equipment (including irrigation lines and equipment) and other
property located on or appurtenant to the real property hereinabove described.
7)E�re10j�lIleZ1L tCC1LLC11L LVV. `!G
Exhibit B
C� MAP SHOWING PROP RTY AND ITS LOCATION
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SPECIFIC PLAN
ZONING
Development Agreement No. 42
EXHIBIT C
EXISTING DEVELOPMENT APPROVALS
Specific Plan No. 218.
Ordinance No. 348.2932
(Zone Change No. 5134)
OTHER DEVELOPMENT APPROVALS
Resolution No. 88-521. Certificate of Tentative
Cancellation of Land Conservation Contract',and
Disestablishment of Agricultural Preserve.
The development approvals listed above include the approved
maps and all conditions of approval.
COPIES OF THE EXISTING DEVELOPMENT APPROVALS LISTED ABOVE ARE
ON FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT AND ARE
INCORPORATED HEREIN BY REFERENCE.
u/
Development Agreement No. 42
EXHIBIT D
EXISTING LAND USE REGULATIONS
1.
Riverside County Comprehensiv: General Plan as
amended through Resolution No'. 88-485.
2.
Ordinance No. 340.
3.
Ordinance No. 348 as amended through Ordinance
No.
348.2857.
4.
Ordinance No. 448 as amended through Ordinance
No.
448.a.
5.
Ordinance No. 458 as amended through Ordinance
No.
458.8.
6.
Ordinance No. 460 as amended through Ordinance
No.
-� 460.92.
7.
Ordinance No. 461 as amended through Ordinance
No.
?
461.6.
8.
Ordinance No. 509 as amended through Ordinance
No.
509.2.
9.
Ordinance No. 546 as amended through Ordinance
No.
546.7a.
10.
Ordinance No. 547 as amended through Ordinance
No.
547.5.
11.
Ordinance No. 555 as amended through Ordinance
No.
555.15.
12.
Ordinance No. 617 as amended through Ordinance
No.
617.1.
13.
Ordinance No. 650.
14.
Resolution No. 87-525 Establishing Procedures
and
Requirements for the Consideration of Development
Agreements, as amended by Resolution No. 88-39
and
Resolution No. 88-119.
COPIES
OF THE EXISTING LAND USE REGULATIONS LISTED ABOVE
ARE ON
FILE IN THE RIVERSIDE COUNTY PLANNING DEPARTMENT
AND ARE
INCORPORATED HEREIN BY REFERENCE.
1-•
Development Agreement No. 42
EXHIBIT E
FEE CREDITS
None.
JACKSO