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HomeMy WebLinkAbout03-15 CC Ordinance I I I ORDINANCE NO. 03-15 AN ORDINANCE OF THE CITY OF TEMECULA APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND NORTH PLAZA, LLC REGARDING THE AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03-0565) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: The City Council of the City of Temecula does Section 1. Procedural Historv. hereby find, determine and declare that: A. On December 18,1990, the City Council approved Parcel Map No. 23496 for the subdivision of 42 acres of property for commercial purposes, which property is generally located on the west side of Ynez Road, north of the Empire Creek Channel, and south of the existing auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on December 21, 2003. The conditions of approval for Parcel Map No. 23496 require the construction of certain on-site and off-site public improvements on the Property. On August 13, 1996, North Plaza, LLC ("Owner") entered into a revised Subdivision Improvement Agreement with the City and the City accepted substitute surety bonds for the completion of the improvements. B. In accordance with the procedures specified in City Resolution 91-52 and the Development Code, Owner filed Planning Application No. 03-0565 with the City for approval of a development agreement regarding the Property ("Development Agreement"). C. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development; and provide for economic assistance to Owner for the entitlements authorizing development related improvements. D. On December 3, 2003, the Planning Commission held a duly noticed public hearing on the Negative Declaration regarding the Development Agreement and the proposed Development Agreement, at which time all persons interested in the Negative Declaration and the proposed Development Agreement had the opportunity to and did address the Planning Commission on these matters. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Development Agreement, the Planning Commission adopted PC Resolution No. 2003-062 recommending that the City Council adopt the Negative Declaration for the Development Agreement and approve the proposed Development Agreement. R:/Ords 2003/0rds 03-15 I I I E. On December 16, 2003, the City Council held a duly noticed public hearing on the Negative Declaration regarding the Development Agreement and the proposed Development Agreement, at which time all persons interested in the Negative Declaration and the proposed Development Agreement had the opportunity to and did address the City Council on these matters. F. Following consideration of the entire record of information received at the public hearing and due consideration of the Negative Declaration and proposed Development Agreement, the City Council adopted Resolution No. 03-187, by which it adopted the Negative Declaration for the Development Agreement. The Negative Declaration accurately addresses the impacts associated with the adoption of this Ordinance. Section 2. Findinas. The City Council further finds, determines and declares that: A. In consideration of the substantial public improvements and benefits to be provided by Owner and the Project, and in order to strengthen the public financing and planning process and reduce the economic costs of development, the City intends, by way of the Development Agreement, to give assurance to the Owner that Owner can proceed with the development of the Project for the Term of the Development Agreement pursuant to the terms and conditions of the Development Agreement and in accordance with the City's General Plan, ordinances, policies, rules and regulations, as set forth in the Development Agreement. In reliance on the City's covenants in the Development Agreement concerning the development of the Property, Owner has and will in the future incur substantial costs in site preparation and the construction and installation of major infrastructure and facilities in order to make the Project feasible. B. The Development Agreement implements the goals and policies of the City's General Plan, provides balanced and diversified land uses, and imposes appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. C. The City has engaged in extensive studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concludes that the Project is in the best interests of the City and is not detrimental to the health, safety and general welfare of the City. D. The Development Agreement is consistent with the City's General Plan, and each Element thereof, and constitutes a present valid exercise of the City's police power. E. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. F. All legal prerequisites to the adoption of this Ordinance have occurred. Section 3. Adoption of Development Aareement. Based on the findings set forth in this Ordinance, the City Council hereby approves the Development Agreement and authorizes the Mayor to execute said Agreement on behalf of the City in substantially the form contained in Attachment "A," attached hereto and incorporated herein by this reference as though set forth in full. R:/Ords 2003/0rds 03-15 I Section 4. Severabilitv. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 5. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner required by law. Section 6. Recordation. The City Clerk is hereby directed to record a copy of the Development Agreement in the Riverside County Recorder's Office not later than ten (10) days after the Development Agreement has been executed. PASSED, APPROVED AND ADOPTED this 16th day of December, 2003. I R:/Ords 2003/0rds 03-15 I I I STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ) ss ) I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 03-15 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 16th day of December, 2003, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 13th day of January, 2004 by the following roll call vote: AYES: NOES: COUNCILMEMBERS: Comerchero, Roberts, Stone, Washington, Naggar COUNCILMEMBERS: None 5 0 ABSENT: 0 0 COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None R:/Ords 2003/0rds 03-15 4