HomeMy WebLinkAbout09-02 RDA ResolutionRESOLUTION NO. RDA 09-02
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF TEMECULA APPROVING THE FIRST
AMENDMENT TO THE OWNER PARTICIPATION
AGREEMENT BETWEEN THE AGENCY AND THE
WAREHOUSE AT CREEKSIDE, LLC
THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The Redevelopment Agency of the City of Temecula ("Agency") hereby
finds, determines and declares that:
A. Agency and Developer entered into an Owner Participation Agreement
dated as of August 12, 2008 (the "OPA") which provided for, among other things, a loan by
Agency to Developer, and the execution, delivery and recordation of a Regulatory
Agreement between Agency and Developer (the "Regulatory Agreement")for development
of affordable housing (the 'Project') on the property described in the OPA.
B. Developer and Agency desire to modify the OPA to extend the
deadline for completion of construction of the Project.
' C. On February 24, 2009 the Agency held a duly noticed public hearing
before the Board of Directors of the Redevelopment Agency of the City of Temecula
concerning the approval of the proposed First Amendment to the OPA.
Section 2. The approval of the Project by the Agency constitutes an action by the
Agency to implement an adopted Housing Assistance Plan by acquiring interests in
housing units to assure they are affordable to persons of low and moderate income.
Therefore, the Project and this First Amendment are exempt from the provisions of the
California Environmental Quality Act pursuant to Section 15326 of the CEQA Guidelines
(Title 14 of the California Code of Regulations). Additionally, the Project is: (1) consistent
with the applicable General Plan designation and all applicable General Plan Policies as
well as with applicable zoning designation and regulations; (2) the Project occurs with in
the city limits of the City of Temecula on a project site of less than five acres substantially
surrounded by urban uses; (3) the Project site has no value as habitat for endangered,
rare, or threatened species; (4) approval of the Project would not result in any significant
effects relating to traffic, noise, air quality, or water quality; and (5) the Site can be
adequately served by all required utilities and public services. Therefore, the Project is an
"in-fill project" and is exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15332 of the CEQA Guidelines (Title 14 of the California Code of
Regulations). The First Amendment only extends the time for completion of construction of
Project and does not affect the scope of Project. A Notice of Determination for the Project
' was duly filed pursuant to the requirements of CEQA and the CEQA Guidelines. The
Executive Director of the Agency is directed to file a Notice of Exemption of the approval of
R:/RDA Resos 2009/RDA 09-02
the First Amendment as required by CEQA and the CEQA Guidelines.
' Section 3. The Board of Directors of the Redevelopment Agency of the City of
Temecula hereby approves that certain agreement entitled "First Amendment to Owner
Participation Agreement" between the Agency and Warehouse at Creekside, LLC, with
such changes in the First Amendment as may be mutually agreed upon by the.Developer
and the Executive Director as are in substantial conformance with the form of such
Agreement which on file in the Office of the Agency Secretary. The Chairperson of the
Agency is hereby authorized to execute the Agreement, including related exhibits and
attachments on behalf of the Agency. A copy of the final Agreement when executed by the
Agency Chairperson shall be placed on file in the Office of the Secretary of the Agency.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula
Redevelopment Agency of the City of Temecula this 24th day of February, 2009.
Ron Roberts, Chairperson
ATTEST:
[SEAL]
R:/RDA Resos 2009/RDA 09-02
' STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk/
Agency of the City of Temecula, do
hereby certify that the foregoing Resolution No.
RDA 09-02 was duly and regularly ado
Redevelopment Agency of the City of Te
February, 2009, by the following vote:
AYES: 4 BOARD MEMBERS:
Board Secretary of the Temecula Redevelopment
pted by the Board of Directors of the Temecula
mecula at a meeting thereof held on the 24th day of
NOES: 0 BOARD MEMBERS:
ABSENT: 0 BOARD MEMBERS:
ABSTAIN: 1 BOARD MEMBERS:
RADA Resos 2009/RDA 09-02 3
Comerchero, Naggar, Washington,
Roberts
None
None
Edwards