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Home My WebLink About06_057 PC Resolution PC RESOLUTION NO. 06-57 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA TOWN CENTER ASSOCIATES, L.P." FOR THE PROPERTY LOCATED WITHIN THE PROMENADE MALL LOOP ROAD BOUND BY WINCHESTER ROAD TO THE NORTH, MARGARITA ROAD TO THE EAST, OVERLAND ROAD TO THE SOUTH AND YNEZ ROAD TO THE WEST (PLANNING APPLICATION NO. PA06-0197) Section 1. The City of Temecula ("City"), a general law city in the State of California, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center ("Development Agreemenf'). Temecula Towne Center Associates, L.P., a California limited partnership is the successor-in-interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. Section 2. On June 15, 2006, Temecula Towne Center Associates, L.P., filed Planning Application No. PA06-0197, a Development Agreement Amendment, in a manner in accord with the City of Temecula General Plan and Development Code. Section 3. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. Section 4. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 6, 2006, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter. Section 5. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve the attached Development Agreement Amendment subject to and based upon the findings set forth hereunder. Section 6. All legal preconditions to the adoption of this Resolution have occurred. Section 7. That the above recitations are true and correct and are hereby incorporated by reference. Section 8. Findinas. The Planning Commission, in recommending approval of the Application hereby makes the following findings: A. The First Amendment is consistent with the City's General Plan, and each Element thereof and constitutes a present valid exercise of the City's police power. G:\Pillnningl2OO6\PA06-0197 Mall Da AmendmentIPillnningIPC RESOLUTION.doc I B. The First Amendment is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867. Section 9. Environmental Comoliance. Pursuant to the California Environmental Quality Act ("CEQA") and the City's local CEQA Guidelines, the Planning Commission has considered the proposed First Amendment. The Planning Commission has also reviewed and considered the Final Environmental Impact Report ("FEIR") for the Temecula Regional Center Specific Plan No. 263, approved by the Council as EIR No. 340 on October 11, 1994, including the impacts and mitigation measures identified therein, and the subsequent environmental reviews required as mitigation measures identified therein. Based on that review, the Planning Commission recommends that the proposed First Amendment does not require the preparation of a subsequent Environmental Impact Report or Mitigated Negative Declaration as none of the conditions described in Section 15162 of the CEQA Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the Planning Commission also recommends that the proposed First Amendment does not involve significant new effects, does not change the baseline environmental conditions, and does not represent new information of substantial importance which shows that the First Amendment will have one or more significant effects not previously discussed inthe FEIR. All potential environmental impacts associated with the proposed First Amendment are adequately addressed by the prior FEIR, and the mitigation measures contained in the FEIR will reduce those impacts to a level that is less than significant. An Addendum pursuant to Section15164 of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of CEQA documentation for the First Amendment, and no additional environmental documentation is required. Section 10. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 06-_ amending the Temecula Regional Center Development Agreement per Exhibit "A" attached hereto. O,\P1anning\2OO6\PA06-OI97 Mall Da AmendmentlPlanningIPC RESOLUTlON.doc 2 Section 11. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of September 2006. "eM 4~.PA d "~r- Ron Guerriero, Chairman ATTEST: 7},eIt;y..< ~~ Debbie Ubnoske, Secretary [SEAL] .~. STATE'OF' CALlFOFlNIA ) . COUNTY OF RIVERSIDE ') ss qTY Of TEME9lJLA ) . ." . I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 06-57 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of September 2096, by the following vote: AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter, Telesio NOES: o PLANNING COMMISSIONERS: None ABSENT: 0 PLANNING COMMISSIONERS: None ABSTAIN: 0 PLANNING COMMISSIONERS: None ~-<' ~)/~ Debbie Ubnoske, Secretary G:\Planning\2006\PA06-0197 Mall Da Amendment\P1anning\PC RESOLUTION.doc 3 EXHIBIT A PROPOSED DEVELOPMENT AGREEMENT AMENDMENT G:IP1anningI2006IPA06-0197 Mall Da AmendmentIPlanninglPC RESOLUTION.doc 4 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ThisFirst Amendment to the Development Agreement ("First Amendment") is dated for identification purposes as of September 12, 2006, and is entered into by and between the City of Temecula ("City"), a general law city in the State of California, and Temecula Towne Center Associates, L.P., a California Limited Partnership ("Developer"). The City and Developer are sometimes referred to as a "Party" or collectively as "Parties." RECITALS A. The City, Forest City Development California, Inc., a California Corporation, and LGA-7, Inc., an Illinois Corporation, entered into a Development Agreement dated December 17, 1996 for the development of the Temecula Regional Center. B. As recited in the Development Agreement, Forest City Development California, Inc. was contractually entitled to acquire two parcels, described in the Development Agreement as the "Mall Parcel" and the "Power Center Parcel", from LGA-7, Inc. C. After the execution of the Development Agreement, Forest City Development California, Inc. transferred the "Mall Parcel" to Temecula Towne Center Associates, L.P. (''Developer''), the successor-in-interest to Forest City Development California, Inc.'s rights and obligations under the Development Agreement. D. The City and Developer now wish to modify the Development Agreement to extend the term of the Development Agreement by three (3) years. NOW THEREFORE, the Development Agreement is hereby modified and amended as follows: 1. Extension of Term of Development Agreement. The term of the Development Agreement is extended for a period of three (3) years and will now terminate on January 16, 2010. Section 13 of the Development Agreement is amended and restated to read in its entirety as follows: "Term of the Agreement. This Agreement shall become operative and commence upon the Effective Date unless the Agreement is terminated, modified, or extended upon mutual written consent of the parties hereto or as otherwise provided in this Agreement. Following the expiration or termination of the term, hereof, this Agreement shall be deemed terminated and of no further force and effect; provided, such expiration or termination shall not automatically affect any right of the City, Developer or Owner arising from City approvals on the Property prior to the expiration or termination of the term and arising from the duties of the parties as prescribed in this Agreement." 2. Section 6b(3)(v) is hereby added to the Development Agreement to read as follows: "v. For any Development Plan approved after January 16, 2007, the Developer shall pay the required Transportation Uniform Mitigation Fee as required by Chapter 15.08 of the Temecula Municipal Code. Development Plans approved on or before January 16,2007 are exempt from the payment of TUMF pursuant to Section 15.08.040F.4.of the Temecula Municipal Code as this is the period during which the original Development Agreement was in effect. TUMF shall be paid at the time of approval of a Development Plan unless the conditions of approval of the Development Plan provide otherwise." 3. All other provisions of the Development Agreement remain unchanged. 4. The Recitals are incorporated herein as though set forth in full. IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date first written above. CITY OF TEMECULA, A CALIFORNIA Ron Roberts, Mayor Attest: Susan W. Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney - " ~ .- -- TEMECULA TOWNE ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Name: Title: By: Name: Title: