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HomeMy WebLinkAbout99-30 CC OrdinanceORDINANCE NO. 99-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HIRAM -HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16 -20 AND 26 -28 OF TRACT MAP NO. 20882 -3), LOCATED ON THE SOUTH SIDE VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY WHEREAS, Section 65864 at =. of the Government Code of the State of California and Temecula City Resolution No. 91 -52 authorize the execution of agreements establishing and maintaining requirements applicable to the development of real property; and, WHEREAS, in accordance with the procedure specified in said Resolution, Hiram -Hill, LLC has filed with the City of Temecula an Planning Application No. PA99- 0238 for a Development Agreement which reflects an amendment the Development Standards that apply to side yard setbacks (hereinafter "this Agreement "), of a residential housing subdivision on its property, Tentative Tract No. 29036 with 24 lots (parcels 1 -4 of Parcel Map No. 13784 and a portion of lots 16 -20 and 26 -28 of Tract Map No. 20882 -3), hereinafter the "Subject Property" which application has been reviewed and accepted for filing by the Community Development Director; and, WHEREAS, notice of the City's intention to consider adoption of this Agreement with Hiram -Hill, LLC has been duly given in the form and manner required by law, and the Planning Commission and City Council of said City have each conducted public hearings September 29, 1999 (Planning Commission), and November 9, 1999 (City Council) at which time it heard and considered all evidence relevant and material to said subject. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. FINDINGS. The City Council hereby finds and determines, with respect to this Agreement by and between the City of Temecula and Hiram -Hill, LLC, that it: A. Is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that this Agreement makes reasonable provision for the use of certain real property for residential development consistent with the General Plan's land use designation of Low- Medium Density Residential; B. Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the Subject Property referred to herein is located as this Agreement provides for residential development pursuant the City's Development Code; R:Ords 99-30 1 C. Is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City; D. Will not be detrimental to the health, safety, or general welfare because it provides adequate assurances and through the allowance of equitable standards for the protection thereof; E. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; F. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description in text or diagram of the location of the real property that is the subject of the hearing, and of the need to exhaust administrative remedies; G. Notice of the public hearing before the City Council was published in a newspaper of general circulation at least ten (10) days prior to the City Council public hearing, mailed at least ten (10) days prior to the hearing to the project applicant, to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; H. Notice of the City Council hearing included the date, the time, and place of the public hearing, the identity of the hearing body, the general explanation of the matter to be considered, a general description in text or by diagram of the location of the Property that is the subject of the hearing, and the notice of the need to exhaust administrative remedies; I. City Council approved this Agreement by Ordinance based upon evidence and findings of the Planning Commission and new evidence presented at its hearing on this Agreement, giving its reasons therefor and setting their relationship between this Agreement and the General Plan; J. The benefits that will accrue to the people of the City of Temecula from this legislation and this Agreement are as follows: 1. Acceleration of both the timely development of subject property in an orderly manner consistent with the surrounding tracts as well as the payment of municipal revenue; 2. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of unimproved lots; and R:Ords 99 -30 3. Payment of Development Impact Fees (fire, library, traffic signal mitigation, development and RSA). Section 2. ENVIRONMENTAL COMPLIANCE. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in the Conditions of Approval for the map have been added to the project, and a Mitigated Negative Declaration, therefore, is hereby granted. Section 3. APPROVAL. This Agreement, attached hereto and incorporated herein by this reference as Exhibit A is hereby approved. The Mayor is authorized and directed to evidence such approval by executing this Agreement for, and in the name of, the City of Temecula; and the City Clerk is directed to attest thereto; provided, however, that this Agreement shall not be executed by the City until this Ordinance takes effect and the City has received from the applicant two executed originals of said Agreement. Section 4. SEVERABILITY. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. NOTICE OF ADOPTION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 6. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 7. PASSED, APPROVED, AND ADOPTS , by the City Council of the City of Temecula this 16th day of November, 1999. J. Forts, Mayor ATTEST: Susan . Jo es, C' rk [SEAL] R:Ords 99 -30 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 99 -30 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 9th day of November, 1999, 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 16`" day of November, 1999 by the following roll call vote: AYES: 4 COUNCILMEMBERS NOES: 0 COUNCILMEMBERS ABSENT: 1 COUNCILMEMBERS R:Ords 99 -30 Lindemans, Roberts, Stone, Ford None Comerchero City Clerk ' Recorded At The Request Of And When Recorded Mail To: Susan Jones City of Temecula P.O. Box 9033 Temecula, California 92589 -9033 DEVELOPMENT AGREEMENT NO. CONCERNING PROPERTY LOCATED AT TEMECULA, CALIFORNIA. THIS AGREEMENT is made and entered into as of the "Effective Date" set forth herein by and between H RAM -HILL DEVELOPMENT COMPANY, LLC ( "Developer ") and the CITY OF TEMECULA, a municipal corporation organized and existing under the laws of the State of California ( "City "). WITNESSETH: A. Recitals. (i) California Government Code Sections 65864, et seq. authorize cities to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property. (ii) Developer has a legal and equitable interest in and to that real property located entirely within City, the common and legal description of which is set forth in Exhibit "A," attached hereto and incorporated herein by this reference and hereinafter is referred to as "the Site." (iii) The Site is now designated on the City's Zoning Map. Developer and City desire to provide through this Development Agreement more specific development controls on the Site which will provide for maximum efficient utilization of the Site in accordance with sound planning principles. (iv) On 1999, City adopted its Ordinance No. , thereby approving this Development Agreement with Developer and said Ordinance was effective on 1999. L %TEMECULMDEVAGRE 9/9/99 7 : ul ►I NOW, THEREFORE, the parties hereto agree as follows: 1. Definitions. In this Agreement, unless the context otherwise requires, the following terms shall have the following meaning: a. "City" is the City of Temecula, California. b. "Developer" is Hiram -Hill Development Company, LLC C. "Project" is that development approved for the Site as provided in this Development Agreement consisting of those uses and development standards set forth on Exhibit "B" attached hereto. The uses identified on Exhibit `B" are distributed into specific categories whereby the scope of development entitlement is specified. Where a use or a development standard is not expressly set forth herein, the standards of the applicable zoning district shall apply. d. "Effective Date" shall mean the 31st calendar day following adoption of the Ordinance approving this Agreement by City's City Council. 2. Recital s• The recitals are part of the agreement between the parties and shall be enforced and enforceable as any other provision of this Agreement. 3. Interest of Property Owner. Developer warrants and represents that he has full legal title to the Site, that he has full legal right to enter into this Agreement and that the persons executing this Agreement on behalf of Developer and lienholder have been duly authorized to do SO. 4. Binding Effect of A Bement. Developer hereby subjects the Project and the land described in Exhibit "A" hereto to the covenants, reservations and restrictions as set forth in this Agreement. The City and the Developer hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Developer's successors and assigns in title or interest to the Project. Each and every contract, deed or other instrument hereinafter executed, covering or conveying the Project or any portion thereof shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions expressed in this agreement, regardless of whether such covenants, reservations and restrictions are set forth in such contract, deed or other instrument. City and Developer hereby declare their understanding and intent that the burden of the covenants, reservations and restrictions set forth herein touch and concern the land in that ' the Developer's legal interest in the Project is rendered less valuable thereby. The City and UTEMECULA\DEVAGRE 9/9/99 7 Developer hereby further declare their understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Development by Developer and the future occupants of the Project, the intended beneficiaries of such covenants, reservations and restrictions, and by fi rthering the public purposes for which this Agreement is adopted. Further, the parties hereto agree that such covenants, reservations and restrictions benefit all other real property located in the City of Temecula. 5. Relationship of Parties. It is understood that the contractual relationship between City and Developer is such that Developer is an independent party and is not the agent of City for any purpose whatsoever and shall not be considered to be the agent of City for any purpose whatsoever. 6. Term of Agreement. The duration of this Development Agreement shall be five (5) years following the Effective Date. Upon expiration of the term commencing immediately after the Effective Date, if the Developer has not performed construction work on the Site or any portion or portions thereof pursuant to a building permit or permits issued by City, that portion of the Site upon which construction work has not then been performed shall then be deemed to be subject to the development standard within the zoning district underlying this Agreement, and the development of such portion of the Site then and thereafter shall be governed accordingly by that zoning category. Once a building permit is issued for any portion of the Site, Developer shall complete that construction for which a permit has been issued within one (1) year. For the foregoing purpose, construction work shall not include preparation of plans, engineering work or grading. The units constructed pursuant to the development standards set forth on Exhibit "B" shall considered conforming to applicable development standards. 7. Assignment. Developer shall have the right to sell, mortgage, hypothecate, assign or transfer this Site or any lot or lots comprising the Site to any person or entity at any time during the term of this Development Agreement. Any such transfer shall be deemed to include an assignment of all rights, duties and obligations created by this Development Agreement with respect to all or any portion of the Site. The assumption of any or all of the obligations of Developer under this Agreement pursuant to any such transfer shall relieve Developer, without any act or concurrence by the City, of its legal duty to perform those obligations except to the extent that Developer is in default with respect to any and all obligations at the time of the proposed transfer. 8. General Standards and Restrictions Pertaining to Development of the Site. The following specific restrictions shall apply to the use of the Site and any portion or lot thereof, pursuant to this Development Agreement: a. Developer shall have the right to develop the Project on the Site in accordance with the terms and conditions of this Agreement and City shall have the right to control development of the Site in accordance with the provisions of this Agreement. UTEMECULMDEVAGRE 9/9/99 't ' b. The density and intensity of use, the uses allowed, the size of proposed buildings, provisions for the reservation or dedication of land for public purposes, the maximum height of proposed buildings and location of public improvements, together with other terms and conditions of development applicable to the Site, shall be as set forth in this Development Agreement. 9. Effect of City Regulations on Development of Proiect. Except as expressly provided in this Development Agreement, all substantive and procedural requirements and provisions contained in City's ordinances, specific plans, rules and regulations, including, but not limited to, the Zoning Ordinance, in effect as of the effective date of this Development Agreement, shall apply to the construction and development of the Site. a. The provisions of this paragraph shall not preclude the application to the development of the Site those changes in City Ordinances, regulations, plans or specifications which are specifically mandated and required by changes in state or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. b. The payment of fees associated with the construction of the Project, including land use approvals, development fees, building permits, etc., shall be pursuant to those fees in effect at the time application is made for such approvals or permits. C. City may apply any and all new ordinances, rules, regulations, plans and specifications to the development of the Site after the effective date provided such new rules and regulations do not conflict with the terms of this Development Agreement as of the effective date. d. Nothing herein shall prevent the application of health and safety regulations (i.e., fire, building, seismic, plumbing and electric codes) that become applicable to the City as a whole. 10. Public Benefit. The direct and indirect benefits the CITY will receive pursuant o implementation of the Agreement include, but are not limited to the provision of comprehensive planning for a single family detached residential unit development that serves as an important transition between previously developed residential developments. 11. Permitted Uses. Those uses allowed on the Site shall be those uses permitted pursuant to this agreement and the applicable City of Temecula zoning district.. 12. Annual Review. During the term of this Development Agreement, City shall annually review the extent of good faith compliance by Developer with the terms of this Development Agreement. L\TEMECULA\DEVAGaE 9/9/99 ' 13. Indemnification. Developer agrees to, and shall, hold City and its elected officials, officers, agents, consultants and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect operations of Developer or those of his contractor, subcontractor, agent, employee or other person acting on his behalf which relate to the construction and operation of the Project. Developer agrees to, and shall, defend City and its elected officials, officers, agents and employees with legal counsel of such defendants selection, with respect to actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the project. This hold harmless provision applies to all damages and claims for damage suffered or alleged to have been suffered by reason of the operations referred to in this Development Agreement regardless of whether or not the City prepared, supplied or approved the plans, specifications or other documents for the Project. 14. Amendments. This Agreement may be amended or canceled, in whole or in part, only by mutual written consent of the parties and then in the manner provided for in California Government Code Sections 65868., et seq., or successor provisions thereto. 15. Minor Amendments to Development _ Pl n,. Upon the written application of Developer, minor modifications and changes to the Development Plan may be approved by the Director of Community Development pursuant to the terms of City's Zoning Ordinance. ' 16. Enforcement. In the event of a default under the provisions of this Agreement by Developer, City shall give written notice reasonably detailing such default to Developer (or its successor) by registered or certified mail addressed at the address stated in this Agreement, and if such violation is not corrected to the reasonable satisfaction of City within thirty (30) days after such notice is given, or if not corrected within such reasonable time as may be required to cure the breach or default if said breach or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default must be commenced within said thirty (30) days and must thereafter be diligently pursued by Developer), then City may, without further notice, declare a default under this Agreement and, upon any such declaration of default, City may bring any action necessary to specifically enforce the obligations of Developer growing out of the operation of this Development Agreement, apply to any court, state or federal, for injunctive relief against any violation by Developer of any provision of this Agreement, or apply for such other relief as may be appropriate. 17. Event of Default. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions: a. If a material warranty, representation or statement is made or furnished by Developer to City and is false or proved to have been false in any material respect when it was made; b. If a finding and determination is made by City following an annual review pursuant to paragraph 15 hereinabove, upon the basis of substantial evidence, that Developer has LITEMECULAkDEVAGRE 9/9/99 5 ' not complied in good faith with any material terms and conditions of this Agreement, after notice and opportunity to cure as described in paragraph 15 hereinabove; or C. A breach by Developer of any of the provisions or terms of this Agreement, after notice and opportunity to cure as provided in paragraph 15 hereinabove. 18. No Waiver of Remedies, City does not waive any claim of defect in performance by Developer if on periodic review City does not enforce this Agreement. Nonperformance by Developer shall not be excused because performance by Developer of the obligations herein contained would be unprofitable, difficult or expensive or because of a failure of any third party or entity, other than City. All other remedies at law or in equity which are not otherwise provided for in this Agreement are available to the parties to pursue in the event that there is a breach of this Development Agreement. No waiver by City of any breach or default under this Development Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 19. Rights of Lenders Under this Agmement. Should Developer place or cause to be placed any encumbrance or lien on the Project, or any part thereof, the beneficiary ( "Lender ") of said encumbrance or lien shall have the right at any time during the term of this Agreement and the existence of said encumbrance or lien to: ' a. Do any act or thing required of Developer under this Agreement, and any such act or thing done or performed by Lender shall be as effective as if done by Developer; b. Realize on the security afforded by the encumbrance or lien by exercising foreclosure proceedings or power of sale or other remedy afforded in law or in equity or by the security document evidencing the encumbrance or lien (hereinafter referred to as "a trust deed"); C. Transfer, convey or assign the title of Developer to the Project to any purchaser at any foreclosure sale, whether the foreclosure sale be conducted pursuant to court order or pursuant to a power of sale contained in a trust deed; and d. Acquire and succeed to the interest of Developer by virtue of any foreclosure sale, whether the foreclosure sale be conducted pursuant to a court order or pursuant to a power of sale contained in a trust deed. 20. Notice to Lender. City shall give written notice of any default or breach under this Agreement by Developer to Lender (if known by City) and afford Lender the opportunity after service of the notice to: a. Cure the breach or default within thirty (30) days after service of said notice, where the default can be cured by the payment of money; ILUEMECULMDEVAGRE 9/9/99 b. Cure the breach or default within thirty (30) days after service of said notice where the breach or default can be cured by something other than the payment of money and can be cured within that time; or C. Cure the breach or default in such reasonable time as may be required where something other than payment of money is required to cure the breach or default and cannot be performed within thirty (30) days after said notice, provided that acts to cure the breach or default are commenced within a thirty (30) day period after service of said notice of default on Lender by City and are thereafter diligently continued by Lender. 21. Action by Lender. Notwithstanding any other provision of this Agreement, a Lender may forestall any action by City for a breach or default under the terms of this Agreement by Developer by commencing proceedings to foreclose its encumbrance or lien on the Project. The proceedings so commenced may be for foreclosure of the encumbrance by order of court or for foreclosure of the encumbrance under a power of sale contained in the instrument creating the encumbrance or lien. The proceedings shall not, however, forestall any such action by the City for the default or breach by Developer unless: a. They are commenced within thirty (30) days after service on Developer of the notice described hereinabove; b. They are, after having been commenced, diligently pursued in the manner required by law to completion; and C. Lender keeps and performs all of the terms, covenants and conditions of this Agreement requiring the payment or expenditure of money by Developer until the foreclosure proceedings are complete or are discharged by redemption, satisfaction or payment. 22. Notice. Any notice required to be given by the terms of this Agreement shall be provided by certified mail, return receipt requested, at the address of the respective parties as specified below or at any other such address as may be later specified by the parties hereto: To Developer: Hiram -Hill Development Company, LLC 610 Newport Center Drive Suite 1055 Newport Beach, California 92660 To City: LUEMECULA\DEVAGRE 9/9199 City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, California 92589 -9033 Attention: City Manager With Copy to City Attorney ' 23. Attomeys' Fees. In any proceedings arising from the enforcement of this Development Agreement or because of an alleged breach or default hereunder, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred during the proceeding as may be fixed within the discretion of the court. 24. Binding Effect. This Agreement shall bind, and the benefits and burdens hereof shall inure to, the respective parties hereto and their legal representatives, executors, administrators, successors and assigns, wherever the context requires or admits. 25. Applicable Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. 26. Partial Invalidity. If any provisions of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. 27. Recordation. This Agreement shall, at the expense of Developer, be recorded in the Official Records of the County Recorder of the County of San Bernardino within sixty (60) calendar days following the Effective Date. In the event this Agreement is not executed by all parties and recorded as of the date specified herein, this Agreement shall be null and void. ' IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year dated below. Dated: 1999 CITY OF TEMECULA, a municipal corporation M Attest: Mayor Susan Jones, City Clerk, City of Temecula PENCO DEVELOPMENT Dated: IL \TEMECULA \DEVAGaE 9/9/99 ' STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, a notary public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature 1 ❑TEMECULUDEVAGRE 919/99 9 EXHIBIT" A" DESCRIPTION OF PROPERTY IUTEMECULAIDEVACRE 9/9/99 10 t EXHIBIT "B" DEVELOPMENTSTANDARDS RESIDENTIAL DEVELOPMENT STANDARDS LM Minimum lot area (square feet) 7,200 Minimum average lot area per dwelling unit 7.200 s.f. Dwelling units per acre 4.5 LOT DIMENSIONS Minimum lot frontage at front property line 30 ft. Minimum lot frontage for a flat lot at front property line 20 ft. Minimum width at required front setback area 30 ft. Minimum average width 50 ft. Minimum lot depth 80 ft. SETBACKS Minimum front yard 20 ft. Minimum comer side yard 15 ft. Minimum interior side yard 5 ft. Minimum rear yard 20 ft. Maximum height 35 ft. PROJECT SPECIFICS Parcels 1 through 4 of Parcel Map No. 13784 and a portion of lots 16 through 20 and 26 through 28 of Tract Map No. 20882 -3 Tentative Tract Map No. 29036 Proposed Number of Lots: 24 Total Acres: 6.32 Acres LkTEMECULMDEVAGRE 919199 II