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HomeMy WebLinkAbout041995 CC/PC Jnt. AgendaIn compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (909) 694-6444. Notification 48 hours ~ to the meeting will enable the City to make reasonable arrangements to ensure accessibility to.this meeting [28 CFR 35.1 02.35.1 04ADA Title II] AGENDA TEMECULA CITY COUNCIL & TEMECULA REDEVELOPMENT AGENCY A SPECIAL MEETING HELD JOINTLY WITH THE TEMECULA PLANNING COMMISSION BOARD ROOM OF THE RANCHO CALIFORNIA WATER DISTRICT 42135 WINCHESTER ROAD, TEMECULA APRIL 19, 1995- 7:00 PM CALL TO ORDER: Flag Salute ROLL CALL: Mayor Jeffrey Stone presiding Commission Chairperson Steve Ford Lindemans, Muftoz, Parks, Roberrs, Stone Blair, Fahey, Slaven, Webster, Ford PUBLIC COMMENTS A total of 30 minutes is provided so members of the public can address the Council on items that are not listed on the Agenda or on the Consent Calendar. Speakers are limited to two (2) minutes each. If you desire to speak to 1he Council about an item not listed on the Agenda or on the consent Calendar, a pink 'Request To Speak" form should be filled out and filed with the City Clerk. When you are called to speak, please come forward and state your name and address. For all other agenda items a 'Request To Speak' form must be filed with the City Clerk before the Council gets to that item. There is a five (5) minute time limit for individual speakers. COUNCIL/COMMISSION R;PORTS Reports by the members of the City Council and the Planning Commission on matters not on the agenda will be made at this time. A total, not to exceed, ten (10) minutes will be devoted to these reports. CITY COUNCIL CONSI=NT CALENDAR 1. S-bstit,~te Public Imorovement Agreement in Parcel Mao No. ~1383 RECOMMENDATION: 1.1 Approve the substitute agreement for completion of street improvements in Parcel Map No. 21383. 1.2 Authorize the Mayor to execute the agreement and the City Clerk to so attest and have recorded. 1.3 Direct the City Clerk to so advise the Developer and Surety. COUNCIL/AGENCY/COMMISSION BUSIN;SS - Agency Chairperson Ronald J. Parks presiding Status and Information Reoort on the Proposed Old Town Redevelooment Project and Performing Arts District RECOMMENDATION: 2.1 Discuss and provide directjolt. ADJOURNMENT: Next meeting: City Council/Redevelopment Agency, April 25, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California Planning Commission, May 1, 1995, 6:00 PM, Rancho California Water District Board Room, 42135 Winchester Road, Temecula, California 04/1NIl ITEM NO. 1 TO: FROM: DATE: SUBJECT: )~PROV~T. CITY ATTORNEY FINANCE OFFICER ClTY MIMiAGER CITY OF TEMECULA AGENDA REPORT City Council/City Manager  "'Joseph Kicak, Director of Public Works/City Engineer April 19, 1995 Approve Substitute Public Improvement Agreement in Parcel Map No.- 21383 AI Permit Engineer PREPARED BY: ~(~ bert Crisp, RECOMMENDATION: That the City Council APPROVE the substitute agreement for completion of street improvements in Parcel Map No. 21383, AUTHORIZE the Mayor to execute the agreement, and the City Clerk to so attest, and have recorded, and DIRECT the City Clerk to so advise the Developer and Surety. BACKGROUND: On September 25, 1990, the City Council approved Parcel Map No. 21383. Subdivision Agreements and Surety Bonds were submitted by: Rancho Core Associates No. 1 29400 Rancho California Road Temecula, CA 92590 for the improvement of streets, installation of storm drains and sewer and water systems, and subdivision monumentation. The subdivider of record, Rancho Core Associates No. I, and surety, Pacific Sates Casualty Co., were unable to meet their respective commitments. The succeeding developer, BA Properties, a Delaware Corporation, (BAP), as the entity taking over the project, requested reduction in Faithful Performance bonding amounts and the City Council authorized certain reductions on January 10, 1995. The remaining amount was sufficient to cover both the remaining work end provide the minimum warranty bond level of ten (10%) of the original Faithful Performance bond amounts. f:.%~F*f~t%'l_eX11%FM,11393e.alt N111eke A portion of Parcel Map No. 21383 was re-subdivide as Parcel Map No. 28084 with commensurate reductions in public improvement construction commitments. A portion of Avenida De Ventas requires the final paving course in-order to complete the contractual work in accord with the Subdivision Improvement Agreement. This remaining work is estimated at ~25,000. BAP submitted a hold-harmless agreement, approved by the City Council on March 28, 1995, which will protect the City against claims for both faithful performance warranty/maintenance responsibilities and claims for unpaid labor and material claims. On April 11,1995, the City Council accepted the public improvements and authorized the release of the Faithful Performance, Material and Labor, and Subdivision Monument bonds. The remaining paving shall be performed by the successor-in-interest to BAP, Westside Business Centre, as set forth in the Substitute Public Improvement Agreement as s condition '. precedent to the issuance of any certificate of occupancy. The affected streets, not vacated by the approval of Parcel Map No. 28084, are portions of Diaz Road, Winchester Road, Avenida de Ventas, and Calla Empleado. Attachment: Location Map Substitute Public Improvement Agreement and Exhibits "A" & "B" r.~eexiqelb~O41l~elA211e2e.eet OilIlk '\ PARCEL MAP NO. 213 83 Location Map RECORDED AT REQUE~ OF ~ ~ RECORDED RETURN TO: June Greek, City Clerk CITY OF TEMECULA 43174 Business Park Drive T_,~mecula, California 92~90 ~ FROM RECORDER'S FEES PURSUANT TO GOVERNMENT CODE SECTIONS 6103 AND 27383 AGREEMENT TO CO~-PUBLIC IMPROVEMENTS THIS AGREEMENT TO COMPLETE PUBLIC IMPROVEMENTS (this * Agreement*) is made and entered into as of April///.:, 1995, -between the CITY OF TEME~, a municipal corporation hereinafter referred to as "City" and WESTSIDE BUSINESS CENTRE, a California limited li~ company, hereimfter referred to as 'Owner." In consideration of the mutual promises and covenants contained herein, the parties hereto mutually agree as follows: Section 1. RECITALS. This Agreement is made and entered into with respea to the following facts, which are acknowledged as true and correct by the parties hereto: a. Owner is the owner of that certain real prope~ commonly known as a portion of Parcel Map No. 21383, portions of which were resubdivided pursua~ to Parcel Maps No. 27336 and 28084, as more particularly descnt~d in Exhibit *A' attached hereW and incorporated herein by this reference as though set forth in full (the 'Owner's Property*). b. In connection with final approval of Parcel Map No. 21383, Owner's predecessor-in-interest posted certain bonds for street, drainage, sewer and water impwvemems, and subdivision monuments, and entea~ into agreements for 'Construction of Road Improvements,' 'Consuucfion of Water System Improvement,* and 'Placement of Survey Monuments,' related thereto. Other agreements in connection with this real property included · Traffic Signal Mitigation,' *Special I)nimge Facilities Agreement,' 'Public Facilities Fee Agreement,' and * Agreemere for Grading Projects. * c. Owner is now seeking the City's acceptance of the street, drainage, water and sewer improvements in Parcel Map No. 21383, and the City's release of faithful performance and labor and materials bonds for street, drainage, water and sewer improvements and the subdivision moment bond for Parcel Map No. 21383 (collectively, the *Bond Exonention'). PAGE 1 d. That certain portion of Avertida de Ventas within Parcel Map No. 21383 depicted in Exln'bit "B" s~che~ hereto and inco~ herein by this reference requires final pavin_~ course in offier to complete the contractual work in accordance with .the Subdivision Map Act and the agreement for 'Constv,_ction of Road I.m!~0.vemetns' (the *Pavln~ Work'). -Section 2. COMPLETION OF PAVING WORK. Owner shall complete the Paving Work to the reasonable satisfaction of the City as a condition precedent to the issuance of any Certificate of Occupatwy for any mucn~ to be erected upon any poEion of Owner's Property. Section 3. SATISFACTION OF CONDITION FOR BOND EXONERATION. This Agreement satisfies the condition for approval of the Bond Exoneration provided this Agreement reinaim valid, binding and enforceable against Owner, its successors and assigns. In the event this Agreement is for any reason invalid or the Agreement is for any reason not binding or enforceable against the Owner or its successors or ~, then the Owner, on behalf of itself and its successon and assigns, acknowledges that it is required to complete the Paving Work as a condition.p~nt to the issuance of any certificate of occupancy for any SW,_CULre to be erected upon any portion of Section 4. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the City and Owner with respect to the agreement required for the Bond F. xoneration and the matters rehted thereto. Any prior a~reements, prOmi~eS, negOtiatiOlB or represemtions not expressly set forth herein, with the exception of the *Traffic Si~ml Mitigation* and *Public Facilities Fee A~ement* set forth above, are of no force or effect. Subsequent modifications to the Agreement shall be effective only if in writing and signed by all parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the rernnlning provisions of thi.~ Agreement shall be valid and binding. Section S. WAIVER. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. Section 6. BINDING EFFECT. a. Of the covenants which have been established pursuant to this Agreement, the same shall be deemed to be covenants rtmuing with the land for the benefit of the City in carrying out its statutory respons~ilities under California law and to enforce the provision of the Subdivision Map Act. The Covenan~ contained in this Agreement shall be binding for the benefit of the City and its successon and assigns, and such covenants shall nm in favor of the City for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. b. This Agreement shall be binding upon the heirs, executors, admini.~rators, successors and assigns of the parties hereto. PAGE 2 Se~on 7. TERMINATION OF AG~WITH~~ TO INDIVIDUAL LOTS UPON S~,T.I?., This AF'ecme~ shall not apply to the purdmser or lessee (for a period longer than one year).of any lot w~hln Owner's Property which has been flually subdivided and is indivi_~mfiy (and not in ~mlk") sold or leased m a member of the public or other ultimate user provided however noth~ herein shall relieve Owner of its obligation to complete the "Paving with ~ to any lot w~in Owner's Pxol~xtY that has been finally subdivided and individually (and not in "bulk*) sold or leased (for a period longer than one year) to a member of the public or other ultimate user, aud such lot .~hall be released and no longer be subject w this Agreement without the execution or recordation of any further doo~ment, provided, however, a certificate of occupancy shall not be issued unless the 'Pavin~ Work" has been accepted. Section 8 A~rOR~S' ~F~'-q. If Irrigation is reasonably required to enforce or ret pro o of preying in such nti o- be to an award of reasonable atwrneys' fees, ~ addition to any other relief to which it may be entitled~- Section 9. NOTIC~-~. Any notices or other correspondence between the parties shall be sent to the followin~ unless either party ~ives the other notice of a chan~e of address: CITY OF TEMECULA Director of Public Works 43174 Busine,~ Park Drive Temecnla, California 92590 OWNER WESTSIDE BUSINESS CENYRE P.O. Box 460160 Escondido, CA 92046 Atm: Bill Dendy Notice shall be effective upon personal delivery, delivery by courier service or three business days following deposit in the United States Mail, postage prepaid, certified. Section 10. EFFI~.CTIVE DATE. This AF'eement shall only become effective upon the fmai approval by the City of Temecula of the Bond Exoneration and recordation of this Agreement. IN W1TNESS WHEREOF, the pardes hereto have 'caused this Agreement to be executed the day and year first above wriuen. ClTyOFTSIECULA Jeffrey E. Swne Mayor PAGE 3 I~a~ ~. Gr~k ci~ CU~rk APPROVE) AS TO FORM: City A~on~7 OWNER WESTSIDE BUSINESS liability company Bs: Manager a California limited PAGE 4 ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CA!JFORNIA ) ) COUNTY OF RIVERSIDE ) DIe On the ~ Of ~ttisfactol'y evideDcg) tO ~'~ the persoD(s) whose fl~m ($) ' the within insmzment and acknowledged to me that he/shdtl~' ex~'ut~! th~ same in bjs/L,/tl~k authorized eapacity(ies), and that by his/l~/thcit signatu~s) on the instm-~ent the person(s), or the egity t.q:N3n behalf of which th~ person(s) acted, executed the itlst~ament. WITNESS my hand and official seal. SIGNATURE T Y ~ "' .... Renee D. Gentry 4 NOTARY N~LIC, - CALIFORNIA CAPACITY CLAIMED BY SIGNER D D n~rDrv'IDUAL(S) OFFICER(S) frrrLE[s]): D O O D D O O PARTNER(S) ATfORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR CHAIRPERSON/MAYOR OTHER: SIGNER. IS REPKESENTING: Wolo.ooupavine.qt} PAGE 5 EXHIBIT PARCELS 1 THROUGH 130, INCLUSWE OF PARCEL MAP NO. 21383, IN THE CITY OF TEMECULa, C(E)UNTY OF RIVERSIDE, STATE OF CAUFORN!/~ AS SHOWN BY MAP ON RLE IN BOOK 167, PAGES 18 THROUGH 25, INCLUSiVF~ OF PARCEL MAPS, RECORD~ OF SAID RIVERSIDE COUNTY. EXCEPTING'THEREFROM THAT PORTION LYING WITHIN PARCEL .1 OF PARCEL MAP NO. 27~86 AS SHOWN BY MAP ON RLE IN BOOK 178, PAGES 85 AND 86 OF PARCEL MAPS, RECORDS OF SAID RIVERSIDE COUNTY. APt-I 1-95 TUg 2.:54 P~ N~S/L0~Ii Ti~u.-A Fg N0. 909 6?6 ?9?6 P. 3 EXHIBIT B ITEM NO. 2 APPROVAL CITY ATTORNEY FINANCE OFFICER CITY MANAGER TO: FROM: DATE: SUBJECT: CITY OF TEMECULA AGENDA REPORT Members of the City Council Members of the Planning Commission City Manager ~t~' Gary Thornhill, of Planning April 19, 1995 Status and Information Report on the proposed Old Town Redevelopment Project and Performing Am District Prepared By: David W. Hogan, Associate Planner RECOMMENDATION: Discuss and provide direction. BACKGROUND The purpose of this agenda report is to provide an opportunity for the Council and Planning Commission to become familiar with, and discuss, the land use and development issues associated with the proposed Old Town Redevelopment Project/Performing Arts District. DISCUSSION The Council first approved a Memorandum of Understanding (MOU) with The Zev Buffman Group (TZBG) in 1993. The initial MOU Stated that the City and TZBG would work together to investigate the feasibility of developing an entertainment project/performing arts district in and around Old Town Temecula. The detailed process of developing the project began in early 1994 with the creation of an informal working group composed of City staff and consultants. Over the next six months, this group worked with TZBG, and later Hancock Development Company, to systematically consider and address the issues associated with the project. This joint development/impact mitigation process resulted in the Old Town Redevelopment Project that was evaluated in the Draft Environmental Impact Report. During this process there have been a number of public meetings to solicit input from, and communicate to, the community regarding this project. -The specialized public meetings on this item are as follows: 1. Public Scoping Meeting on the EIR- June 23, 1994; 2. Public Presentation and Meeting on the Price Waterhouse Report - September 7, 1994; m Public Presentation and Meeting on the Redevelopment Project and EIR- December 7, 1994; and R:%OLDTOWN~UFFMAN%OTRP.PCC 4113/95 dwh 1 4. Public Presentation and Meeting on the Project and Financing - January-31, 1995. The current Old Town Redevelopment Project consists of a number of private facilities and public improvements. The location of the various project components is included in Attachment No. 1. The Project consists of over 20 geographically related activities. The various project approvals and subcomponents of the Old Town Redevelopment Project are listed below. PRIVATE DEVELOPMENT COMPONENTS Master Conditional Use Permit 1. Opera House - 2,200 seats. 2. Cabaret/Dinner Theater - 900 seats. 3. Recording & Broadcast Studio (with Cabaret Theater). 4. Community/Cabaret hater - 600 seats. 5. Saloons (2) - 350 seats. 6. Virtual Reality Theater (2) - 50 seat. 7. Quick Draw Area. 8. Administrative end Ticket Offices. 9. Town Square/Plaza. Westside Soecific Plan 1. Wild West Arena - 4,800 seats. 2. Hotel complex - 400 rooms. 3. Multi-Family Residential Units - Up to 429 units. 4. Neighborhood Commercial Center - 45,000 square feet. 5. Permanent Open Space - 57 acres. PUBLIC INFRASTRUCTURE COMPONENTS Western Bypass Parkway and Bridge. First Street Bridge and Extension. Vincent Moraga Extension. Rancho California Road/Interstate 15 Improvements. Sixth Street Parking Lot. Street, Curb and Sidewalk Improvements. Main Street Bridge. Sixth Street Bridge. D. E. F. G. H. I. J. R:%OLDTOWNt, BUFFMAffiOTRP.PCC 4/13/96 dwh 2 /'--' ENVIRONMENTAL DOCUMENTATION K. Environmental Impact Report The current status of the various project componentS is as follows: · A draft of the Westside Specific Plan is currently under staff and agency review · The Master Conditional Use Permit application is complete and is waiting for the Westside Specific Plan to be completed. · The design process of the Western Bypass Parkway, and the First and Vincent Moraga Street Extensions area underway. · The Interstate 15 and Rancho California Road Improvements are waiting Caltrans. approval. · The scope of work and contract for the Old Town Streetscape Project is currently being developed. · The response to agency comments on the Draft EIR have been sent to the commenting agencies. · Preparations to begin the RFP process to design public parking on the Sixth and FrOnt Street lot are beginning. GENERAL PLAN CONSISTENCY Based upon staff's analysis of the proposed project, it has been determined that the project is consistent with the City's adopted General Plan. In the analysis, staff identified over 20 appropriate General Plan Policy statements that supported the project. No specific contrary provisions were identified. A partial list of these consistent General Plan policies is included in Attachment No. 2. ENVIRONMENTAL IMPACTS An Environmental Impact Report (EIR) was prepared for this project by Tom Dodson & Associates. The EIR addressed the primary issues of concern identified in the Initial Environmental Study and the Public Scoping Meeting. A copy of the Draft EIR was provided to the Council and Commission in December, 1994. A summary of the environmental issues, and how they were addressed, is contained in Attachment No. 3. The City's official Response to Commentshas been sent to the responding agencies. The Final Environmental Impact is expected to be presented to the Commission and Council was the Westside Specific Plan and Master Conditional Use Permit are considered. Attachments: 1. Project Location Map - Page 4 2. Partial List of General Plan Policies that Support the Project - Page 5 3. Summary of Environmental Issues and Effects - Page 8 It~,0LDTOV~N%BIJRtNM~OTRP-PCC 4113/~6 dwh 3 ATTACHMENT NO. 1 LOCATION MAP Fb%OLDTOWN%BUFFMAN%OTRP.PCC 4/13/96 dwh 4 IIII ,l~ - -\ "~%.%. '~1 r/i//,,-, "X\~' \ \ \ t / / II ' IIII "k ' I \ \ / / / / I II II C ATTACHMENT NO. 2 PARTIAL LIST OF GENERAL PLAN POLICIES THAT SUPPORT THE PROJECT R:%O~DT~.PCC 4name ewh 5 PARTIAL LIST OF THE *' 'GENERAL PLAN POLICIES THAT SUPPORT THE PROJECT 1. Land Use 1.2 2. Land Use 4.1 3. Land Use 6.4 4. Lend Use 6.5 5. Circulation 1.2 6. Circulation 5.3 7. Housing 2.1 8. Open Space 1.6 9. Open Space 3.1 10. Open Space 3.6 11. Open Space 5.1 Require the preparation of specific plans as designated on the Specific Plan Overlay to achieve the comprehensive planning end phasing of development and infrastructure. Enforce hillside grading standards to ... require the preservation of unique natural features .and to encourage a broad range of hillside architectural and site planning solutions. Develop s plan to provide for additional parking in and. around the Old Town area. Encourage the revitalization of Old Town through the Old Town Specific Plan. Require an evaluation of potential traffic impacts associated with new development prior to project approval, and require adequate mitigation measures prior to, or concurrent with, project development. Provide additional public parking in the Old Town area, where feasible, through common parking areas or the establishment of a parking district. Promote a variety of housing opportunities that accommodate the needs of all income levels of the population, and provides opportunities to meet the City's fair share of low- and moderate-income housing. Encourage the enhancement and preservation of significant natural features ... Require development proposals to identify significant biological resources and provide mitigation, including the use of adequate buffering; selective preservation; the provision of replacement habitats; the use of sensitive site planning techniques including wildlife corridor/recreational trail; and other appropriate measures. Limit the recreational use of designated open space areas where sensitive biological resources are present. Pursue the conservation of the western and southern ridgelines .... through the development review process and as a condition of approval. R:~OLDTOWN~BUFFMAN~TFIP.PCC 4/13/~6 dwh 6 12. Open Space 6.2 13. Open Space 6.3 14. Open Space 6.8 15. Public Facilities 5.5 16. Air Quality 2.6 17. Air Quality 2.2 18. Community Design 1.5 19. Community Design 7.1 20. Community Design 7.6 21. Economic Development 6.3 22. Economic Development 6.4 Require sites proposed for future development to be evaluated for archaeological resources in accordance with the procedure established in - a .... Memorandum of Agreement with the Eastern Information Center at UC Riverside. Require sites proposed for future development that are identified in this Element as being of high or undetermined paleontdlogical sensitivity to be evaluated by a quality vertebrate paleontologist. Ensure compatibility between land uses and building designs in the Old Town Specific Plan Area and areas adjacent to the Specific Plan area. Encourage the provision of cultural facilities within the' community, including: art' museums, theaters, a performing arts center, special exhibitions, an outdoor amphitheater, and Indian Cultural Interpretive Center. Encourage new development that provide employment opportunities for residents of Temecula to improve the balance of jobs relative to housing. Maintain an orderly flow of traffic end improve mobility through the use of transportation systems management techniques. Maintain and incorporate natural amenities ... to protect the environment and provide natural landscaping, protect views, and to provide recreational opportunities in order to maintain the quality of life. Encourage the development of public spaces and plaza within commercial developments that can accommodate cultural and social events and function as community gathering areas. Promote the provision of cultural facilities within the community, including: art museums, theaters, a performing arts center, special exhibitions, an outdoor amphitheater, and special cultural exhibitions. Revitalize and enhance Old Town to expand its role in local tourism end to improve its attractiveness accessibility, and economic role. Enhance the City's image through development of cultural facilities, including performing arts, museums. I~%OLDTOWN~U~TFF.PCC 4/13/95 dwh 7 ATTACHMENT N0.3 SUMMARY OF ENVIRONMENTAL IMPACTS AND ISSUES R:~.0LDTOV, N~JR~R/~TIIP.PCC 4/13/96 dwh 8 ATTACHMENT 3 · ' SUMMARY OF ENVIRONMENTAL*IMPACTS AND ISSUES ENVIRONMENTAL TOPIC AND ISSUE AREAS Aesthetics Air Quality Construction Air Quality Operation Animal and Plant Life Cultural/Historic Resources Geology and Erosion Land Use Light and Glare Natural Resources Noise Construction Noise Operation Hazardous Materials Population and Housing Public Services and Utilities Recreation Transportation Water Quality ISSUES NOT IN THE 'EIR BECAUSE: IMPACTS NOT IMPACTS ARE SIGNIFICANT MITIGATED / / ,/ v' ,/ ISSUES THAT WERE ADDRESSED IN EIR & EXPECTED IMPACTS / Insignificant ,/Significant: NOx / Significant: CO, ROC, NOx ,/Insignificant v' Insignificant Insignificant Significant Insignificant Insignificant R:%OLDTOVWI%BUFFMAffiOTRP.PCC 4/13/96 dwh 9