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Home My WebLink About91-09 CC OrdinanceORDINANCE NO. 91-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO EXTENSIONS OF TIME APPROVAL PERIODS FOR PLOT PLANS THE CITY COUNCIL OF THE CITY OF EMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. City Ordinance No. 90434 adopted by reference certain portions of the Non- Codified Riverside County Ordinances, including Ordinance No. 348. Article XVIII, Section 18.30(0 of Ordinance 348 is hereby amended to read as follows: .f. Approval Period. The approval of a plot plan shall be valid for a period of two (2) years from its effective date, or within such additional time as may be set into the conditions of approval, which shall not exceed a total of three (3) years; otherwise, the approval shall be null and void. Notwithstanding the foregoing, if an approval is required to be used within less than three (3) years, the applicant may, prior to its expiration, request an extension of time on which to use the approval. A request for extension of time shall be made to the Planning Commission, on forms provided by the Planning Department and shall be filed with the Planning Director, accompanied by a fee as set forth in Ordinance No. 671. Within thirty (30) days following the filing of a request for extension, The Planning Director shall review the application, make a recommendation thereon, and forward the matter to the Planning Commission Secretary, who shall place the matter on the regular agenda of the Planning Commission. An extension of time may be granted by the Planning Commission upon a determination that a valid reason exists for applicant not using the approval within the required period of time. If an extension is granted, the total time allowed for use of the approval shall not exceed a period of three (3) years, calculated from the effective date of the approval. The term "use" shall mean the beginning of a substantial construction of the use that is authorized, which construction must hereafter be pursued diligently to completion, or the actual occupancy of existing buildings or land under terms of the authorized use. The effective date of a plot plan shall be determined in the same manner as applications for conditional use permits and public use permits pursuant to Section 18.26." SECTION 2. Severability. The City Council hereby declares that the provisions of this Ordinances 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 decisions shall not affect the validity of the remaining parts of this Ordinance. Ords 91-09 -1- SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. SECTION 4. ~ffecfve Date. This Ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, together with the names of the City Council Members voting thereon, it shall be published in a newspaper published and circulated in said City. PASSED, APPROVED AND ADOPTED, this 9th day of April, 1991. Ronald J. Parks, Mayor ATTEST: [SEAL] Ords 91-09 -2- STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 91-09 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 26th day of March, 1991, and that thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 9th day of April, 1991 by the following vote, to wit: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ~"~e S. Greek, City l~erk Ords 91-09 -3- PROMISSORY NOTE SECURED BY DEED OF TRUST $19.000.00 Temecula, California January 10. 1997 FOR VALUE RECEIVED, the undersigned ("Maker"), hereby promises to pay to the order of the Redevelopment Agency of the City of Temecula, a public body, corporate and politic ("Holder"), at Temecula, California, without deduction or offset, the sum of Nineteen Thousand DOLLARS ($19.000.00) (the "Loan"), together with simple interest at the rate of Eight and One-Quarter (8.25%) per annum, commencing on the fifth (5th) anniversary of the date of this Note. If more than one person is signing this Note as Maker, then the obligations of the Maker shall be joint and several. This Note is secured by that certain Deed of Trust and Assignment of Rents (the "Deed of Trust") of even date herewith executed by Maker for the benefit of Holder. addition, Maker and Holder are concurrently entering into a Regulatory Agreement (the "Regulatory Agreement") governing the real property (the "Property") encumbered by the Deed of Trust. In Accrued interest shall be payable monthly commencing March 1. ?002. All principal and any accrued but unpaid interest shall be due and payable on February 1. 2007 (the "Maturity Date"); provided, however, if Maker has not breached the terms and conditions of the Regulatory Agreement, this Note, or the Deed of Trust, then Holder agrees to forgive all principal on the Maturity Date. Maker may prepay, without penalty or premium, all or any portion of the interest or principal due under this Note. Prepayments shall be credited first against accrued interest and the balance shall be credited to principal. Should default be made by the undersigned in the performance of any of the covenants or agreements of the Maker contained in the Regulatory Agreement, this Note, or the Deed of Trust, and if such default is not cured within five (5) days from Holder's notice to Maker of such default (or such longer period as may be provided in the Regulatory Agreement or the Deed of Trust), then, at Holder's option, atl sums owing hereunder shall immediately become due and payable. Thereafter, interest shall accrue at the maximum legal rate permitted to be charged by non-exempt lenders under the usury laws of the State of California. This Note shall be governed by and construed in accordance with the laws of the State of California. All parties who are obligated to pay any portion of the indebtedness represented by this Note, whether as principal, surety, guarantor or endorser, hereby waive presentment for payment, demand, protest, notice of protest and notice of dishonor, and all other notices to which they might otherwise be entitled, and further waive all defenses based on release of security, extension of time or other indulgence given in respect to payment of this Note, to whomsoever given, and further waive all defenses, generally, except the defense of actual payment of this Note according to its tenor. 960925 Isj B994AC.eer (2} Assigned Communities The undersigned hereby covenants and agrees to pay all costs and expenses of collection, whether by suit or otherwise, at any time or from time to time incurred, including without limitation attorney's fees and all costs and expenses actually incurred in connection with the protection or realization of the property secured by the Deed of Trust. If Maker shall sell, lease, assign, convey, transfer, encumber, mortgage, hypothecate or alienate the Property, or any part thereof, or any interest therein, or shall be divested of their title in any manner or way, whether voluntarily or involuntarily, the indebtedness evidenced hereby, irrespective of the maturity date expressed herein, at the option of the Holder, upon demand, shall immediately become due and payable, except as permitted by Holder pursuant to the terms and conditions set forth in the Regulatory Agreement. To this end, the Deed of Trust securing this Note provides as follows: If the Trustor shall sell, lease, transfer, assign, convey, encumber, mortgage, hypothecate or alienate the real property described herein, or any part thereof, or any interest therein, or shall be divested of title ~' any interest therein in any manner or way, whether voluntarily or involun- tarily (except as permitted by Beneficiary pursuant to the terms and conditions set forth in the Regulatory Agreement), or if Trustor shall fail to make any payments due under the note secured by this deed of trust, or fail to perform any other obligation under said Regulatory Agreement of even date herewith, this deed of trust or the note secured hereby, or any other deed of trust encumbering the subject property, then Beneficiary shall have the right, at its option, to declare any indebtedness or obligations secured hereby, irrespective of the maturity date specified in any note evidencing the same, immediately due and payable. Subject to the foregoing, the terms of this Note shall be binding upon and inure to the benefit, as the case or context may require, of the respective heirs, successors in interest and assigns of the undersigned and the Holder. This note may be subject to Section 2966 of the California Civil Code, which provides that the Holder of this Note shall give written notice to Maker, or its successor in interest, of prescribed information at least sixty (60) and not more than one hundred and fifty (150) days before any balloon payment is due. 960925 Isj B994AC.aer {21 Assigned Communities - 2 - Time is of the essence with respect to each and every provision hereof. any provision hereof is found to be invalid or unenforceable by a court of competent j urisdicti°n' the invalidity there°f shall not affect the enforcea~.~..e 7ng provisions of this Note. If "Maker" 960925 Isj B994AC.aer {2) Assigned Communities - 3 -