HomeMy WebLinkAbout00_039 PC ResolutionPC RESOLUTION NO. 2000-039
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL
APPROVE THE WOLF CREEK DEVELOPMENT AGREEMENT
DEAL POINTS (PLANNING APPLICATION NO. 00-0029) AS
NOTED IN EXHIBIT A, ON PARCELS TOTALING 557 ACRES
LOCATED ON THE EAST SIDE OF PALA ROAD, BETWEEN
LOMALINDA ROAD AND FAIRVlEW AVENUE, AND KNOWN AS
ASSESSOR PARCEL NOS. 950-110-002, -005, -033 AND 950-180-
001, -005, -006 AND -010.
WHEREAS, SP Murdy, LLC filed Planning Application No. PA00-0029 (the "Application") in a
manner in accord with the City of Temecula General Plan, Development Code and Subdivision
Ordinance;
WHEREAS, the Application was processed including, but not limited to public notice, in the
time and manner prescribed by State and local law;
WHEREAS, the Planning Commission, at a regular meeting, considered the Application on
December 6, 2000, 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 opposition to this
matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of the
testimony, the Commission recommended approval of the Application Deal Points after finding that
they conformed with the City of Temecula General Plan, Development Code, Subdivision
Ordinance, and Wolf Creek Specific Plan No. 12;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section t.
by reference.
That the above recitations are true and correct and are hereby incorporated
· Section 2. Findin.qs. That the Temecula Planning Commission, in approving the
Application Deal Points, hereby makes the following findings as required in Section 16.09.140 of the
Temecula Municipal Code.
A. An environmental review has been conducted and approved for this Agreement in
accordance with the California Environmental Quality Act.
B. The City desires to obtain the binding agreement of the Developer and Owner for the
development of the property in accordance with the provisions of this Agreement.
C. The Developer desires to obtain the binding agreement of the City to permit the
Developer to develop the Developer's Project on the Developer's Parcels in accordance with the
"Applicable Rules" (as hereinafter defined) and this Agreement.
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D. The Owner desires to obtain the binding agreement of the City to permit the Owner to
develop the Owner's Parcel in accordance with the "Applicable Rules" (as hereinafter defined)
and this Agreement.
E. Developer and Owner have applied to the City in accordance with applicable
procedures for approval of this mutually binding Agreement. The Planning Commission and City
Council of the City have given notice of intention to consider the Agreement, have conducted
public hearings thereon pursuant to the Government Code, and have found that the provisions
of this Agreement are consistent with the Specific Plan and the City's General Plan.
F. This Agreement is consistent with the public health, safety, and welfare needs of the
residents of the City and the surrounding region. The City has specifically considered and
approved the impact and benefits of the development of the Property in accordance with this
Agreement upon the welfare of the region.
G. This Agreement will bind the City to the terms and obligations specified in this
Agreement and will limit, to the degree specified in the Agreement and under State law, the
future exercise of the City's ability to delay, postpone, preclude or regulate development on the
Property, except a provided for herein.
H. In accordance with the Development Agreement Statutes, this Agreement eliminates
uncertainty in the planning process and provides for the orderly development of the Property.
Further, this Agreement eliminates uncertainty about the validity of exactions imposed by the
City, allows installation of necessary improvements, provides for public services necessary for
the region with incidental benefits for the Property, and generally serves the public interest within
the City of Temecula and the surrounding region.
Section 3. Environmental Compliance. The City Council of the City of Temecula must
approve and adopt the Final Environmental Impact Report and Mitigation Monitoring Program for the
Wolf Creek Specific Plan in order to approve the Application.
Section 4. Conditions. That the City of Temecula Planning Commission hereby
conditionally approves the Deal Points for the Wolf Creek Specific Plan Development Agreement,
located on the east side of Pala Road, between Loma Linda Road and FairviewAvenue, and known
as Assessor's Parcel Nos. 950-110-002, -005, -033 and 950-180-001, -005, -006 and -010, set forth
on Exhibit A, attached hereto, and incorporated herein by this reference.
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Section 5. PASSED, APPROVED AND ADOPTED this sixth day of December, 2000.
Ron Guerri~, (~h-airperson
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission
of the City of Temecula at a regular meeting thereof, held on the sixth day of December, 2000 by the
following vote of the Commission:
AYES:
3 PLANNING COMMISSIONERS: GUERRIERO, MATHEVVSON, TELESIO
NOES:
1 PLANNING COMMISSIONERS: WEBSTER
ABSENT: I PLANNING COMMISSIONERS: CHINIAEFF
Debbie Ubnoske, Secretary
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Development Agreement
Due to time constraints, the final Development Agreement document has not been
included as part of this Staff Report. The City Attorney is still fine-tuning the details of
this legal document. However, staff and the applicant have reached consciences on the
Deal Points of the Development Agreement. The Deal Points represent the most
important part of the Development Agreement and basically layout the City's and the
applicant's obligations under the Development Agreement. Further, the City Attorney
has determined that the Planning Commission can make a recommendation to the City
Council on the Development Agreement by considering the Deal Points and without the
benefit of the entire Development Agreement document. These Deal Points have been
included in Attachment ???. The Deal Points include provisions for the land dedication
of a 40-acre sports park, park improvements, an option for the City to accept a
Community facility site, the land dedication and construction of a fire station, formation
of the CFD for the Permanent Improvements for Pala Road, Development Agreement
fees, and LOS Level D considerations.
The City Council Subcommittee consisting of Council members Pratt and Naggar have
reviewed the Deal Points and will hold their final meeting on the Deal Points after the
completion of the Staff Report. Their final analysis and recormnendations will be
presented to the Planning Commission at the hearing.
CEQA
Subsequent to the circulation of the Draft Environmental Impact Report (DEIR), the
applicant requested approval of a Development Agreement which was not included in the
Project Description of the DEIR. An addendum was prepared in accordance with Section
15164 of CEQA guidelines to identify and discuss the addition of the Development
Agreement and analyze the changes in project impacts and the mitigation measures
relating to the Development Agreement. The Addendum concluded that none of the
Guidelines calling for preparation of a Subsequent EIR have occurred and the changes to
the project did not raise important new issues about the project's significant impacts to
the environment.
Findings (DA)
1. An environmental review has been conducted and approved for this
Agreement in accordance with the California Environmental Quality Act.
2. The City desires to obtain the binding agreement of the Developer and
Owner for the development of the Property in accordance with the provisions of this
Agreement.
3. The Developer desires to obtain the binding agreement of the City to
permit the Developer to develop the Developer's Project on the Developer's Parcels in
accordance with the "Applicable R?les" (as hereinafter defined) and this Agreement.
4. The Owner desires to obtain the binding agreement of the City to permit
the Owner to develop the Owner's Parcel in accordance with the "Applicable Rules" (as
hereinafter defined) and this Agreement.
5. Developer and Owner have applied to the City in accordance with
applicable procedures for approval of this mutually binding Agreement. The Planning
Commission and City Council of the City have given notice of intention to consider the
Agreement, have conducted public hearings thereon pursuant to the Government Code,
and have found that the provisions of this Agreement are consistent with the Specific
Plan and the City's General Plan.
6. This Agreement is consistent with the public health, safety, and welfare
needs of the residents of the City and the surrounding region. The City has specifically
considered and approved the impact and benefits of the development of the Property in
accordance with this Agreement upon the welfare of the region.
7. This Agreement will bind the City to the terms and obligations specified in
this Agreement and will limit, to the degree specified in the Agreement and under State
law, the future exercise of the City's ability to delay, postpone, preclude or regulate
development on the Property, except a provided for herein.
8. In accordance with the Development Agreement Statutes, this Agreement
eliminates uncertainty in the planning process and provides for the orderly development
of the Property. Further, this Agreement eliminates uncertainty about the validity of
exactions imposed by the City, allows installation of necessary improvements, provides
for public services necessary for the region with incidental benefits for the Property, and
generally serves the public interest within the City of Temecula and the surrounding
region.
Addendum
DA Deal Points
City's Proposal
For the
Wolf Creek Development Agreement
40-Acre Sports Park
Land dedication of 12.37 acres in exchange for a $1,117 credit towards the
Development Agreement fee.
Land dedication of 15.34 acres in exchange for $2,800,000 Parks DIF credits and
includes $175 credit.
· Land dedication of 12.29 acres towards satisfying the Quimby requirements
· Street improvements along the frontage on Pala and the Loop Road concurrent
with the phasing of the Specific Plan
· Half street improvement of Fairview fi'onting the park plus 10' if the street
improvements are not completed as a part of the High School construction by the
time the park is completed
· Land offered for dedication on the effective date of the Development Agreement
and shall be free of liens within 6 months after the effective date of the
Development Agreement
6-Acre Community Park
· Improvement of the park in exchange for $750,000 Park DIF credits
· Completion of the park is due prior to the 600th building permit
· Includes all street improvements fronting the park
1.5-Acre Park
· Land dedication of 1.5 acres toward satisfying the Quimby requirements
· Land offered for dedication on the effective date of the Development Agreement
and shall be free of liens within 6 months after the effective date of the
Development Agreement
· Includes all street improvements fronting the park
Community Facility
The City has a 12 month option from the effective date of the agreement to accept
a 1.63 acre land for a community facility in exchange for $297,552 Corporate
Facilities DIF credits (based on $228.71 and 2022 units, the corporate facilities
fee shall be adjusted from $228.71 to $81.57 if the City chooses to accept the site)
Land offered for dedication on the effective date of the Development Agreement
and shall be free of liens within 6 months after the effective date of the
Development Agreement
Includes all street improvements fronting the site
1.5-Acre Fire Station Site
Land dedication of 1.5 acres
$114,557 in Fire DIF credits towards the construction of the fire station (based on
$56.66 and 2022 units)
A maximum $700,000 no interest advance from the developer to the City for the
construction of the $1,600,000 fire station to be paid back over time with fire
mitigation component of the DIF.
Land offered for dedication on the effective date of the Development Agreement
and shall be free of liens within 6 months after the effective date of the
Development Agreement
City to commence the construction of the station no later than the issuance of the
250th building permit.
The developer shall not receive building permits beyond the 400th building permit
if the fire station is not complete and operational
· Includes all street improvements fronting the station
CFD
· CFD to include the funding for:
o Pala Road Permanent improvements
· 134' improvement between the SR 79 and Loma Linda
· 134' ROW dedication and improvement between Loma Linda and
Wolf Creek
· 110' ROW dedication and improvement between Wolf Creek and
Fairview
o All Drainage System on Pala Road between the bridge and Fairview
o Sound Wall
o Maintenance of the grass lined channel fronting the project
· Developer to participate in the CFD improvements in a fair share basis (Fair share
still needs to be determined by staff)
· CFD to be formed prior to the issuance of the first building permit for the project.
· City to only manage the construction of the Permanent Improvements to Pala
Road which include Pala Road, Drainage System, and Sound Wall
Development Agreement Fees
· Residential DIF
o Street Improvement (Credits may apply, and need to be determined by
staff)
o Traffic Signal (Credits may apply, and need to be determined by staff)
o Fire (100% credit, no fees are due)
o Corporate facilities ($228.71 per unit or adjusted to $81.57 per unit if City
accepts the 1.63 acre Community Facility site)
o Park and Recreation (100% credit, no fees are due)
o Libraries (No credits, $214 per unit fee shall be paid in full)
· Future Public Art and Future Open Space ($200 per unit)
· Future TUMF
o The fee shall only be paid after its adoption
o The developer shall receive TUMF credits towards applicable road
improvements constructed by the project
· Commercial DIF (No credits, shall be paid in full)
LOS Level D
No building permits will be issued for Planning Areas 20, 21, 22, and 23 unless
the developer provides a traffic study that shows the intersection of I-15 and SR79
is operating at LOS D or better
Permitted Uses within Planning Area 12
The developer shall agree that the major tenants within PA 13 shall not dictate the
tenant mix in PA 12. Appropriate documents, as deemed necessary by the City,
shall be presented to the City prior to approval of any Development Plans for PA
12 and 13.
Parkway landscaping along schools
The developer shall be responsible to install the landscaping along the public
streets fronting all school sites at the time the street improvements are completed.
Wolf Valley Median
· A 12' median shall be permitted between Pala and PA 14 instead of the 14'
required by the General Plan.
Narrower Street Sections
If the City adopts narrower paved section, the developer shall follow the narrower
street standards and ROW than is shown on the Specific Plan only if a tentative
map has not been approved.
Term of the Development Agreement
· Ten years for the entitlements
Assumptions:
Detached units 1712
Attached Units 310
Total 2022
Appraised fire market value of land at $182,529.00
The amounts of fees/credits/dedications will be adjusted
if the number of units or the fair market value of the land
changes