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HomeMy WebLinkAbout02-02 RDA Resolution RESOLUTION NO. RDA 02-02 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND ADVANCED CARDIOVASCULAR SYSTEMS, INC." 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 Agency is authorized and empowered under the Community Redevelopment Law, California Health and Safety Code Section 33000, et seq., to assist in the redevelopment of real property within the Redevelopment Project Area in conformity with the Redevelopment Project Plan. Specifically the Agency is authorized and empowered to enter into agreement in order to improve the economic conditions of the Redevelopment Project Area, to prepare or cause the preparation of building sites for construction, to receive consideration for the provision by the Agency of redevelopment assistance, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers, and to incur indebtedness to finance or refinance community development projects. B. The purpose of this Agreement is to effectuate the Redevelopment Plan (hereinafter "Plan") adopted by the City of Temecula for Redevelopment Project No. 1--1988 (hereafter "Project Area") by providing for the development of certain property, hereafter described, for office, research, manufacturing, and other permitted purposes in accordance with the Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.) and the Plan. C. The real property to be developed pursuant to this Agreement consists of approximately 27 acres located on Ynez Road between Solana Way and Margarita Road, Temecula, California, and is specifically described and depicted on Exhibit No. 1 ("Site"). The Site is separated from the Owner's current campus by Ynez Road. D. The Owner is a global company which designs, develops and manufactures medical devices and equipment. The project expected to be developed on the Site pursuant to this Agreement generally consists of the construction of a corporate campus for office, research, manufacturing and other permitted purposes with up to 484,000 square feet contained in up to five buildings and with up to two parking structures ("Project"). The principal permitted uses of the Site will be office, research, manufacturing and other permitted uses. E. Owner has heavily invested in the development of high quality research, administrative, technical and manufacturing jobs within the City of Temecula at its current campus. Owner is considering adding to that investment in the community with the expansion of its campus on the Site to the east of its current facilities and will continue to work with the Agency to expand the number of high quality jobs within the City of Temecula. R:/RDA Resos 2002/RDA 02-02 1 F. In order to induce the Owner to rehabilitate the Site, to assure the feasibility of the development of the Site by the Owner, to cause construction and completion of new facilities and improvements, and to operate the office, research, manufacturing and other permitted facilities on the Site, the Agency and Owner desire to enter into this Agreement in order to assist in the rehabilitation of the Site and provide commercial rehabilitation assistance to the Owner in accordance with the terms of this Agreement. G. The Agency has established a commercial rehabilitation program pursuant to Section 33444.5 of the Community Redevelopment Law. H. In accordance with the goals of the Community Redevelopment Law and the Redevelopment Plan, the Agency desires to provide the financial assistance to induce the redevelopment, rehabilitation, construction and operation of the office, research, manufacturing and other facilities because such actions will help to eliminate blight in the Project Area and to increase the employment opportunities within the Project Area and the community. Completing the development on the Site pursuant to this Agreement serves the vital and best interests of the City of Temecula, California (the "City") and the health, safety, and, welfare of its residents, and is in accord with the public purposes and previsions of applicable state and local laws. I. This Agreement pertains to and affects the ability of the Agency to finance its statutory obligations and for all parties to finance and carry out the purposes of this Agreement and 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. An Initial Study of Environmental Impact and Addendum has been prepared for the Owner Participation Agreement by and between the Agency and the Owner and Tentative Parcel Map No. 30107 (Planning Application No. PA01-0115) in accordance with the provisions of the California Environmental Quality Act and the State CEQA Guidelines. The Initial Study and Addendum for the CPA and TPM 30107 are on file in the Office of the Secretary of the Agency. Prior to approving the Project, the Board of Directors of the Agency considered the Initial Study of Environmental Impact and the Addendum, together with any comments received during the public review process. It establishes that because the Agreement only provides for financial assistance in the event that a future project is constructed on the Site, that there is no possibility that the activity in question could have a significant impact on the environment. Additionally, based on numerous studies of the Site and prior environmental documents, if a future project, as contemplated by the Agreement, is constructed on the Site in compliance with the proposed mitigation measures, the project would not have any impacts which will have an adverse impact on the environment. B. As part of the process of adopting the Redevelopment Plan, an Environmental Impact Report was prepared which analyzed the impact of the Plan upon the Community. A subsequent or supplement EIR to the Project EIR is not reuired as the findings requiring further review under Sections 15162 or 15163 of the CEQA Guidelines are not present. Therefore, further environmental review is not required pursuant to Section 15180 of the CEQA Guidelines. R2RDA Resos 2002/REA 02-02 2 C. Further, the Owner Participation Agreement is exempt from CEQA review pursuant to Section 15061 of the CEQA Guidelines. It can be seen with certainty that there is no possibility that the proposed Owner Participation Agreement may have a significant impact on the environment. The proposed Owner Participation Agreement does not approve a building project on the Site, it only provides financial assistance in the event a building of a certain minimum size is eventually approved and constructed on the Site. The existing zoning for the Site and the Development Agreement approved for the Site, which was approved following CEQA review, permit the construction of a building(s) of the minimum size contemplated in the Owner Participation Agreement. Therefore, pursuant to Section 15061, the proposed Owner Participation Agreement is not subject to CEQA. D. The Agency Board specifically finds and determines that on the basis of the Initial Study of Environmental Impact and Addendum and any comments received in the public approval process, there is no substantial evidence before the Council and the Agency that the Project will have a significant effect on the environment. E. The Agency Board further finds and determines that the prior environmental review specified in the Initial Study and Addendum is sufficient and does not require further environmental review based on the following findings: (1) No substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following: (A) The project will not have one or more significant effects not discussed in the previous EIR's and negative declarations; (B) Significant effects previously examined will not be substantially more severe than shown in the previous EIR's and negative declarations; (C) No mitigation measures or alternatives previously found not to be feasible would in fact be feasible, or would substantially reduce one or more significant effects of the project; or (D) No mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment. R:/RDA Resos 2002/RDA 02-02 3 F. The Agency Board further finds and determines that as a result of the initial Study of Environmental Impact and Addendum and any comments received during the public review process, the Project will not result in any adverse effect, either individually or cumulatively, on wildlife (as defined by Section 711.2 of the Fish and Game Code) or on wildlife habitats and resources. Section 3. 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 and Advanced Cardiovascular Systems, Inc.," with such changes in each document as may be mutually agreed upon by the Owner and the Agency Executive Director as are in substantial conformance with the form of such Agreement which 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 4. 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, certificates of completion and implementing agreements. Section 5. The Secretary of the Agency shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Redevel- opment Agency of the City of Temecula at a regular meeting held on the 12th day of February 2002.  ~ Chairperson ATTEST: Susan W~. Jon~s, CMC /' .~,City Cler Aut ority Secre nry R:/RDA Resos 2002-/RDA 02~)2 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan Jones, CMC, Secretary of the Redevelopment Agency of the City of Temecula, do hereby certify that Resolution No. RDA 02-02 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 the 12th day of February, 2002, by the following vote: AYES: 5 BOARDMEMBERS: Naggar, Pratt, Stone, Roberts, Comerchero NOES: 0 BOARDMEMBERS: None ABSENT: 0 BOARDMEMBERS: None ABSTAIN: 0 BOARDMEMBERS: None usan W. Jori/es, CMC '~....._._ C~ ~Age~ ecret a ry R:/RDA Resos 2002/RDA 02-02 5 EXHIBIT NO. 1 SITE MAP AND LEGAL DESCRIPTION OF SITE [TO BE INSERTED BY AGENCY STAFF] R:\Ogradyj\Tem RDA Guidant_ACS OPA 2-7-02.DOC February 7, 2002 677549.6 ]9 Exhibit "1" An Agreement with Advanced Cardiovascular Systems Inc. and the City of Temecula 600 0 600 1200 Feet