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HomeMy WebLinkAbout99-24 RDA ResolutionRESOLUTION NO. RDA 99-24 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDE- VELOPMENT AGENCY OF THE CITY OF TEMECULA APPROV- ING THAT CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND OLD TOWN PLAZA OWNERS DATED AS OF DECEMBER 14, 1999 FOR THE FACADE IMPROVEMENTS TO THE OLD TOWN PLAZA WITHIN REDEVELOPMENT PROJECT NO. 1--1988 THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby finds, determines and declares that: a. The Redevelopment Agency of the City of Temecula ("Agency") is a community redevelopment agency duly organized and existing under the Community Redevelopment Law ("CRL"), Health and Safety Code Sections 33000 et seq. and has been authorized to transact business and exercise the powers of a redevelopment agency pursuant to action of the City Council of the City of Temecula. b. On June 12, 1988, the Board of Supervisors of the County of Riverside adopted Ordinance No. 658 adopting and approving the "Redevelopment Plan for Riverside County Redevelopment Project No. 1-1988" (hereafter the "Plan") in accordance with the provisions of the CRL. On December 1, 1989, the City of Temecula was incorporated. The boundaries of the Project Area described in the Plan are entirely within the boundaries of the City of Temecula. On April 9, 1991, the City Council of the City of Temecula adopted Ordinances Nos. 91-08, 91-11,91-14, and 91-15 establishing the Redevelopment Agency of the City of Temecula and transferring jurisdiction over the Plan from the County to the City. Pursuant to Ordinance Nos. 91-11 and 91-15, the City of Temecula and the Redevelopment Agency of the City of Temecula assumed jurisdiction over the Plan as of July 1, 1991, c. The project proposed by OLD TOWN PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N, Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whitehurst (collectively "Owner') pertains to property located at 28410 Front Street in the City of Temecula ("Site"), which is within the Project Area. d. The Project to be developed on the Site pursuant to the Owner Participation Agreement ("Agreement") will consist of facade improvements to the shopping center on the Site. R:RDA Resos 99-24 I e. The Agreement is consistent with the Redevelopmerit Plan and the Implementation Plan adopted by the Agency for the Project Area adopted by the Agency. f. The development of the Site as required by the Agreement will assist in the elimination of blight in the Project Area as identified in the proceedings establishing the Project Area in that development of project on the site would: (1) Provide for enhanced public service infrastructure, as identified in the proceedings; (2) promote the preservation and enhancement of the Old Town Area in accordance with the goals and objectives of the Plan and the Old Town Specific Plan; (3) promote the expansion of the Project Area's commercial base and local employment opportunities to provide employment for the Old Town Area; (4) assist in the continued development of the Old Town Area as a tourist destination and enhancement of the tourist industry as a major force within the Community; (5) encourage and provide for development of vacant properties in accordance with the Plan and the Old Town Specific Plan. g. The redevelopment of the Site as provided in the Agreement and Ground Lease is consistent with the City's General Plan and the Old Town Specific Plan. h. The Agency Board has duly considered all terms and conditions of the proposed Agreement and believes that such agreement is in the best interests of the Agency and City and the health, safety, and welfare of its residents, and in accord with the public purposes and provisions of applicable State and local law requirements. i. This Agreement pertains to and affects the ability of all parties to finance and carry out their statutory purposes and to accomplish the goals of the Plan and is intended to be a contract within the meaning of Government Code Section 53511. Section 2. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby further finds, determines and declares that: a. This action is being undertaken pursuant to the Plan for which a full and complete Environmental Impact Report was prepared and certified prior to adoption of the Plan. Additionally an environment review was completed and certified in 1994 for the adoption of the Old Town Spedtic Plan. Since the preparation and certification of that Envi- ronmental Impact Report, subsequent changes have not been proposed in the subject project or in the amendment to the Redevelopment Plan which will require important revisions of the previous EIR due to the involvement of new significant environmental impacts which were not considered in the previous EIR. Additionally, substantial changes have not occurred with respect to the circumstances under which the Redevelopment Plan Amendment has been undertaken which would require important provisions in the previous EIR due to the involvement of significant environmental impacts not covered in the previous EIR. Finally, no new information of substantial importance to the amended area and the Environmental Impact Report prepared for that amended area has become available. Moreover, the mitigation measures proposed as part of the Environmental Impact Report for the Plan and the Specific Plan have been included. where applicable, in the Project, and such mitigation measures are feasible and further mitigation measures are not required to address concerns raised in the Environmental Impact Report for the Plan. Therefore, pursuant to the provisions of CEQA and, specifically, 14 CaI.Admin. 15162 and 15180, a subsequent Environmental Impact Report for the subject project is not required. R:RDA Resos 99-24 2 b. Additionally, the Project is exempt from any environmental review pursuant to 14 Cal. Admin. Code Section 15301 as an minor alteration to an existing private structure for improvement of the building facade and involving no expansion of uses or floor area beyond that previously existing. Section 3. Based upon the findings set forth above, the Board of Directors of the Redevelopment Agency of City of Temecula hereby certifies and approves the Negative Declaration of Environmental Impact for the Project and directs the Executive Director to file a Notice of Determination with the County Clerk of the County of Riverside forthwith. Section 4. The Board of Directors of the Redevelopment Agency of the City of Temecula hereby approves that certain agreement entitled "Owner Participation Agreement" between the Redevelopment Agency of the City of Temecula, a public body corporate and politic, and OLD TOWN PLAZA PARTNERS, LLP, Richard G. Gabriel and Marilyn F. Gabriel, Trustees of the Gabriel Trust, James N. Senechal, Trustee of the James N. Senechal Declaration of Trust, David L. Phares and Susie G. Phares, Thomas H. Maxwell and Janice M. Maxwell, and Wayne F. Whitehurst, dated as of December 14, 1999, with such changes in each document as may be mutually agreed upon by the Developer and the Agency Executive Director as are minor and in substantial conformance with the form of such Agreement as is 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 5. The Executive Director of the Agency (or his designee), is hereby authorized, on behalf of the Agency, to take all actions necessary and appropriate to carry out and implement the Agreement and to administer the Agency's obligations, responsibilities and duties to be performed under the Agreement and related documents, including but not limited to, escrow instructions, subordination agreements, certificates of acceptance, and implementing agreements. Section 6. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevelopment Agency of the City of Temecula on December 14, 1999. ers o R ATTEST: Susan W. Jones, CMC/AAE ~ecretary C~ty Cler R:RDA Resos 99-24 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF TEMECULA ) SS I, Susan Jones, CMC/AAE, Secretary of the Redevelopmerit Agency of the City of Temecula, do hereby certify that the Resolution No. RDA 99-24 was duly and regularly adopted by the Board of Directors of the Redevelopment Agency of the City of Temecula at a regular meeting thereof, held on December 14, 1999, by the following vote, to wit: AYES: 4 BOARDMEMBERS: Comerchero, Naggar, Pratt, Roberrs NOES: 0 BOARDMEMBERS: None ABSTAIN: I BOARDMEMBERS: Stone Susan CMC/AAE genc ity Clerk R:RDA Resos 99-24 4