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HomeMy WebLinkAbout97-124 CC ResolutionRESOLUTION NO. 9%124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 1 TO AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND CAL-PALOMA DEL SOL, A CAIJlq3RNIA IJMITEI~ LIABILITY COMICANY, AND CAL- CPS SOUTHEAST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY THE CITY COUNCIL OF THE CITY OF TEMECTILA DOES RESOLVE AS FOLLOWS: Section 1. declare that: The City Council of the City of Temecula does find, determine and a. In January 1993, the City of Temecula entered into an "Amendment and Restatement of Development Agreement" with KRDC, Inc., and Mesa Homes for the Paloma Del Sol Project. b. Cal-Paloma Del SOl, a California Limited Liability Company, and CAL-CPS Southeast, LLC, a California Limited Liability Company are the new owners of Paloma Del Sol. c. Section 14.3 of the Development Agreement provides that the Developer and the City may make minor changes to the Development Agreement without a formal amendment to the Development Agreement. The Addendum is the document used to make the minor changes allowed by Section 14.3. d. The consideration of the Addendum is exempt from further environmental review. The Addendum simply incorporates the terms of the General Plan Amendment and the Amendment to Specific Plan 219 which were subject to environmental review prior to approval of the amendments. Other changes to the Development Agreement made by the Addendum simply reallocate financial responsibilities for certain public improvements. None of the changes affect the environment. Section 2. The City Council hereby approves "Addendum No. 1 to Amendment and Restatement of Development Agreement" with Cal-Paloma Del Sol, a California Limited Liability Company, and CAL-CPS Southeast, LLC, a California Limited Liability Company, and authorizes and directs the Mayor to execute the Addendum in substantially the form attached hereto as Exhibit A. Resos\97-124 I Section 3. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this 18th day of November, 1997. ATTEST: Patricia H. Birdsall, Mayor ~Greek, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that Resolution No. 97-124 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 18th day of November, 1997, by the following vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None une S. Greek, CMC/AAE City Clerk R¢~os\97-124 2 EXHIBIT AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT PALOMA DEL SOL ADDENDUM NO. 1 This Addendum No. 1 to Amendment and Restatement of Development Agreement ("Addendum") is entered into to be effective on , 1997 by and between the CITY OF TEMECULA, a California municipal corporation ("City"), CAL- PALOMA DEL SOL, LLC, a California limited liability company and CAL-CPS SOUTHEAST, LLC, a California limited liability company ("Owners") with reference to the following: RECITALS A. Owners' predecessor-in-interest, KRDC, Inc., and Mesa Homes entered into an Amendment and Restatement of Development Agreement ("Development Agreement") with City pursuant to California Government Code § 65864, et seq., recorded on February 18, 1993 as Instrument No. 62043, Official Records of Riverside County. Subsequently, KRDC, Inc. acquired all of the interests of Mesa Homes in the property subject to the Development Agreement. B. The Development Agreement encompasses a mixed land use subdivision project incorporated in Specific Plan No. 219 known as "Paloma del Sol" C. By partial assignment and assumption agreement, KRDC, Inc. assigned and Owners assumed all of the rights, title, interest, benefits, privileges, duties and obligations arising under or from the Development Agreement binding on approximately eight hundred twenty (820) acres constituting the easterly and southerly portions of Paloma del Sol included within Specific Plan No. 219 (the "Property"), as described in Exhibit A attached hereto and made a part hereof by this reference. The Property is now referred to as "Paseo del Sol." Said assignment and assumption agreement was part of the conveyance of the Property from KRDC, Inc. to Owners. D. Section 14.3 of the Development Agreement entitled Changes and Amendments provides, among other things, for a procedure whereby the City may determine in its reasonable discretion that changes to the existing development approvals as set forth in the Development Agreement shall be deemed "minor" and not require an amendment to the Development Agreement provided such changes do not: (a) Alter the permitted uses of the Property as a whole; or whole; or (b) Increase the density or intensity of use of the Property as a 10-30-97 10019-00002 S:\00C\152\97020013.AM6 (c) Increase the maximum height and size of permitted buildings; or (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or (e) Constitute a project requiring a Subsequent or a Supplemental Environmental Impact Report pursuant to Section 21166 of the Public Resources Code. E. On January 28, 1997, the City Council of City approved Owners' Planning Application No. PA96-0107 (General Plan Amendment) and Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan Amendment No. 5 - Paloma Del Sol) and adopted Resolution No. 97-10 Entitled "A Resolution of the City Council of the City of Temecula approving Planning Application No. PA96-0107, changing the general plan land use designation on Planning Area 2 from high density residential to low-medium residential, Planning Area 29A from low-high medium density residential to open space/recreation, and portions of Planning Area 1 from community commercial to low-high residential and modifying figure 24 (Village Center overlay) of the General Plan, deleting the area corresponding to Planning Area 2 from the Village Center overlay and adding areas corresponding to Planning Areas 6 and 37 to the Village Center overlay on property generally located northeast of SR79 and Margarita Road, south of Pauba Road and west of Butterfield Stage Road, which constitutes a portion of the Property. F. On January 28, 1997, the City Council adopted Ordinance No. 97-01 Entitled "An Ordinance of the City Council of the City of Temecula approving Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) Amending Planning Areas 1, 2, 6, 9, 14, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance and adding Planning Areas 38 to the Paloma del Sol Specific Plan and Specific Plan Ordinance, on property generally located north of SR79 southeast of Margarita Road, south of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Nos. 95-020-001 through 95-020-004,950-020-009through 950-020-025,950-020-027,950-020- 029,955-030-002 through 955-030-004 and 955-030-006 through 955-030-011, which constitutes a portion of the Property. G. In adopting Ordinance No. 97-01, the City Council of the City approved certain findings including: 1. Specific Plan No. 219 for development of Paloma del Sol was incorporated into Amendment and Restatement of Development Agreement between the City otr Temecula and KRDC, Inc. and Mesa Homes, the predecessor-in-interest to the Owners- Applicants for Specific Plan No. 219, Amendment No. 5. The Owners-Applicants and the City have agreed to include certain standards in the Specific Plan Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway cross-sections which are now requirements of the City's current General Plan but were not included as part of the General Plan in effect when the Development Agreement was recorded. 10-30-97 1001g-OOO02 S:\DOC\152\97020013.AM6 2. The City Council finds and determines that the changes to the existing development approvals for Paloma del Sol (Paseo del Sol) proposed in Specific Plan No. 219, Amendment No. 5, are deemed to be "minor" as defined in Section 14.3 of the Development Agreement and do not require an amendment to the Development Agreement. The City finds and determines that by accepting the City's new General Plan standards of development set forth in this Section, Owners have not waived any of their vested development rights under the Development Agreement. NOW, THEREFORE, in consideration of the above Recitals which are intended to be a part of this Addendum by this reference and the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree: 1. The term "Owner" in the Development Agreement shall be modified to mean the "Owners" as set forth in this Addendum. 2. Section 1.7 of the Development Agreement entitled Development Plan shall be modified to include those land use entitlements set forth in application No. PA96-0107 approved by Resolution No. 97-10 and Planning Application No. PA96-0106 approved by Ordinance No. 9%01 attached hereto marked Exhibits B and C, respectively, and made a part by this reference. 3. An approved copy of Specific Plan No. 219, Amendment No. 5, containing development plans, conditions, and standards is on file in the office of the City Community Development Department and made a part of this Addendum by this reference. 4. As part of the approval of Planning Application No. PA96-0107 and Planning Application No. PA96-0106 and the future development of Pasco del Sol, Owners are obligated to pay for and/or construct certain regional public infrastructure which provide benefit to City beyond the impacts to these public infrastructure improvements created by development of the Pasco del Sol project. City agrees to provide a reduction against Owners' obligations or the obligation of any builder purchasing tract(s) from Owners to pay components of future Development Impact Fees ("DIF") based on the costs associated with those regional public infrastructure improvements as set forth in City's Capital Improvement Plan as provided in City Ordinance No. 97-14 amending Title 15 of the Temecula Municipal Code by adding a new chapter entitled "Public Facilities Development Impact Fee," adopted by City Council of City on August 26, 1997, and Resolution No. 97-94, establishing the City of Temecula's Public Facilities Development Impact Fees adopted by the City Council of City on August 12, 1997: A copy of the DIF Ordinance and Resolution is attached marked Exhibit D and made a part herein by this reference. 5. Owners and/or any builder purchasing tract(s) from Owners shall be entitled to receive a one hundred percent (100%) reduction in the "Park and Recreation Improvements" component of the DIF against the actual costs of improving public parks within Paseo del Sol 10-30-97 10019-00002 S:\DOC\152\97020013.AM6 6. Section 12.2, endfled Public Facilities Fee (Non-Residential) and Section 12.3 entitled Public Facilities (Residential) of the Development Agreement shall be modified to provide that Owners and developers of the Property shall pay DIF in accordance with the provisions set forth in City' Ordinance No. 9%14 and Resolution No. 9%94. Exhibit D, a form of Agreement For Payment of Non-Residential Public Facility Fee, is no longer an appropriate exhibit to the Development Agreement and is hereby deleted. Section 12.3(c) of the Development Agreement obligating Owners to pay an Interim Public Facilities Fee is hereby deleted. 7. Section 12.5, entitled Parks, Greenbelts and Paseos, Section 12.6 (a) through (f), entitled Main Recreation Areas, and Section 12.7 entitled Remaining Open Space Areas, identifies parks, park improvements and recreational facilities, landscaping areas, greenbelts and paseos equaling approximately 166.5 acres. Pursuant to the provisions of these Sections, Owners and the owner of the westerly area of Paloma del Sol are required to dedicate or transfer ownership of certain parks, greenbelt paseos, roadway paseos, public parkway and slope landscaping and recreation areas to the City to be maintained by the Temecula Community Services District CTCSD"). Those parks, recreation areas, greenbelt paseos, roadway paseos, public parkway and slope landscaping areas are depicted on Exhibit E to the Development Agreement. Section 12.8 entitled Timing of Park Improvements and Transfer to City sets forth the scheduling of constructing park improvements and transferring title to parks, open space, greenbelts, slopes and paseos to the City. It is agreed that the timing of improvements and transfer of the parks, open space, greenbelts, slopes and paseos to the City shall be extended to allow the Development Agreement to be amended as provided in Section 8 of this Agreement. 8. City and Owners have determined that it would be in their mutual best interest to eliminate the obligation of Owners to dedicate and City's obligation to accept the parks and other lands as required in Sections 12.5, 12.6, 12.7 and 12.8 of the Development Agreement. The elimination of these obligations will require an amendment to the Development Agreement. The parties agree: a. City shall initiate and diligently process an amendment to the Development Agreement for the sole purpose of removing Owners' obligation to dedicate the designated acres of certain parks, greenbelt paseos, roadway paseos, public parkways and slope landscaping and recreation areas to the City to be maintained by the TCSD. City shall assume all costs and filing fees associated with this amendment. Owners agree to cooperate with City in processing the amendment to the Development Agreement on condition the amendment is noticed and heard for the sole and single purpose of removing the obligation of Owners to dedicate certain parks, paseos, slope and landscape areas and relieving the City/TCSD from the obligation of maintaining those areas. 10-30-97 10019-00002 S:\DOC\152\97020013.A~6 b. Exhibit E to the Development Agreement shall be revised to show those greenbelt paseos, roadway paseos, public parkway, slope landscaping and recreation areas (both east and west sides of Paloma del Sol) to be owned and maintained by the Paloma del Sol Master Community Association and/or any Paloma del Sol sub-associations and those areas to be owned and maintained by the Pasco de1 Sol Master Community Association and/or any Pasco del Sol sub-associations. Exhibit E to the Development Agreement shall also show those parks which may be dedicated to the City to be maintained by the TCSD. A copy of the revised Exhibit E to the Development Agreement is attached marked Exhibit E and made a part herein by this reference. 9. Section 12.6(f) of the Development Agreement is modified to provide the 9.35 acre pasco park located in Tract 24186 and Tract 24187 may be improved with picnic areas, walkways, bikeways with lighting, landscaping and irrigation to be maintained by the Pasco del Sol Association. This area may include tot lots and/or basketball courts. 10. Owners as developer or other developers propose to construct and improve an approximately five (5) acre community park ("Five Acre Park") as part of the development of Tract 24188 as provided in Specific Plan No. 219, Amendment No. 5 to be substituted for and considered equivalent in useable area to the 7.44 acre park as provided for in Section 12.8(c) of the Development Agreement. The Five Acre Park is shown on revised Exhibit E. Owners shall dedicate this area to the City to be maintained by the TCSD. 11. Three Hundred Sixty Three (363) dwelling units are proposed to be built in Tract 24187 and Two Hundred Sixty Six (266) dwelling units are proposed to be built in Tract 24188 (excluding the Sixty Seven (67) dwelling units to be built in Tract 24188-1). Owners shall construct improvements to the Five Acre Park and dedicate the Five Acre Park to the City prior to issuance of: (i) the One Hundred Seventy Fourth (174th) building permit within Tract 24187-1 and Tract 24187-2; or (ii) the first building permit in Tract 24187-Final; or (iii) the first building permit in Tract 24188 (excluding the 67 dwelling units in 24188-1); whichever occurs first. 12. Section 12.8(d) of the Development Agreement shall be modified to delete the reference to the obligation to transfer greenbelt paseos, etc. in accordance with the current TCSD funding procedures and practices. 13. Section 12.10 of the Development Agreement entitled Park Improvement Fee Credits shall be modified to provide that any park fee credits as provided therein, may be used only to reduce the amount of the "Park and Recreation Improvements" component of the DIF. 14. modified to show: Section 23 of the Development Agreement entitled Notices shall be 10-30-97 10019-00002 S:\DOC\152\97020013.AM6 To City: City of Temecula City Clerk P.O. Box 9033 43200 Business Park Drive Temecula, CA 92589-9033 To Owner: James Delhamer Newland Associates 9404 Genesee Avenue Suite 230 La Jolla, CA 92037 With Copy To: Dennis D. O'Neil Hewin & McGuire, LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 15. It is hereby acknowledged and agreed that any recital, section, provision, exhibit of the Development Agreement not modified by this Addendum, shall remain in full force and effect and this Addendum, together with the Exhibits to this Addendum, shall be attached to and incorporated into the Development Agreement and be binding on the parties as the vested land use Development Agreement between the parties. 16. This Addendum may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, this Addendum has been executed by the parties on the day and year first above written. THE CITY OF TEMECULA, a California municipal corporation By: Patricia H. Birdsall, Mayor 10-30-97 10019-00002 S:\00C\152\97020013.AM6 ATTEST: ~OWNERS" June S. Greek, City Clerk APPROVED AS TO FORM: CAL-PALOMA DEL SOL, LLC, a California, LLC, a California limited liability company, CAL-CPS SOUTHEAST, LLC, a California limited liability company Peter M. Thorson, City Attorney By: By: By: By: 10-30-97 10019-00002 S:\00¢\152\97020013.AM6