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HomeMy WebLinkAbout06_003 CC Ordinance III ORDINANCE NO 036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AN AMENDMENT TO SECTION 4 1 6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353 LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN AREA NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD PLANNING APPLICATION oP4A0045 THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY ORDAIN AS FOllOWS Section 1 The City Council of the City of Temecula does hereby find determine and declare that A Ashby USA llC filed Planning Application No PA05 0404 Development Agreement Amendment for the property consisting of approximately 805 acres generally located near the future intersections of Nicholas Road and Butterfield Stage Road and Murrieta Hot Springs Road and Butterfield Stage Road generally known as the Roripaugh Ranch Specific Plan No 11 Project B The application for the Project was processed and an environmental review was conducted as required by law including the California Environmental Quality Act C The Planning Commission of the City of Temecula held a duly noticed public hearing on February 1 2006 to consider the application for the Project and environmental review at which time the City staff and interested persons had an opportunity to and did testify either in support or opposition to this matter D Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project the Planning Commission adopted Resolution No 06 15 recommending the City Council approve a Development Agreement Amendment E On February 14 2006 the City Council of the City of Temecula held a duly noticed public hearing and a second reading on February 28 2006 on the Project at which time all persons interested in the Project had the opportunity and did address the City Council on these matters F The The development agreement amendment is consistent with the goals and policies of the approved Roripaugh Ranch Specific Plan and Development Agreement R Ords 2006l0rds 0603 III and the proposed development agreement amendment would further the City s long term economic development goals Section 2 Environmental Comoliance On November 26 2002 the City Council adopted Resolution No 02 111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications including the Development Agreement EIR The City Council finds determines and declares based on the administrative record that the EIR properly addressed all of the environmental issues encompassed within the First Amendment to the Development Agreement and that 1 there have been no substantial changes in the Project which require major revisions of the EIR 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 has been undertaken which require major revisions of the EIR due to the involvement involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects and 3 no new information of substantial importance exists which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects Therefore neither a subsequent nor a supplemental EIR is required under Sections 15161 and 15162 of the CEQA Guidelines and the Council directs the Director of Community Development to file a Notice of Determination Determination of Consistency for which an Environmental Impact Report was previously adopted Sec 15162 Subsequent EIRs and Negative Declarations Section 3 Aooroval The City Council of the City of Temecula hereby approves that certain agreement entitled First Amendment to Development Agreement between the City of Temecula and Ashby USA LLC Roripaugh Ranch Specific Plan and authorizes the Mayor to execute the First Amendment in substantially the form attached as Exhibit A to this Ordinance Section 4 Severabilitv If any sentence clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid such decision shall not affect the validity of the remaining provisions of this ordinance The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence paragraph or section of this Ordinance to be invalid such decision shall not affect the validity of the remaining parts of this Ordinance Section 5 Certification The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law R Ords 2006l0rds 036 2 III PASSED APPROVED AND ADOPTED by the City Council of the City of Temecula this 28th day of February 2006 ATIEST lJ SEAL STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss CITY OF TEMECULA Ron Roberts Mayor I Susan W Jones MMC City Clerk of the City of Temecula do hereby certify that the foregoing Ordinance No 06 03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 14th day of February 2006 and that thereafter said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 28th day of February 2006 by the following vote AYES 5 COUNCIL MEMBERS NOES 0 ABSENT 0 COUNCIL MEMBERS COUNCIL MEMBERS ABSTAIN 0 COUNCIL MEMBERS R Ords 2006 0rds 0603 Comerchero Edwards Naggar Washington Roberts None None None Sus n W Jones MMC City Clerk 3 II EXHIBIT A RORIPAUGH RANCH FIRST AMENDMENT TO DEVELOPMENT AGREEMENT I I RECORDING REQUESTED BY ANDWHEN RECORDED MAIL TO City of Temecu1a 43200 Business Park Dr Post Office Box 9033 Temecula CA 92589 9033 Attn City Clerk I Exempt from recording fees pursuant to Govt Code Section 27383 Space above for recorder s use FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN CITY OF TEMECULA ANDASHBY USA LLC lRORIPAUGH RANCH SPECIFIC PLANl This First Amendment to Development Agreement is made and entered into as of February 14 2006 by and between the CITY OF TEMECULA aCalifornia municipal corporation City ASHBY USA LLC a Californialimited liability company DAVIDSONRORIPAUGH RANCH 122 LLC a California limited liability company TANAMERA RORIPAUGH LLC aCalifornia limited liability company and TANAMERA RORIPAUGH II LLC aCalifornia limited liability company collectively OWNER pursuant to the authority of Section 65864 through 655869 of the California Government Code and Article XI Section 2 ofthe California Constitution Pursuant to said authority and in consideration ofthe mutual covenants set set forth in this First Amendment the parties hereto agree as follows I 1 Recitals This First Amendment is made with respect to the following purposes and facts which the parties agree to be true and correct a The Development Agreement between the City ofTemecula and Ashby USA LLC also known as the Preannexation and Development Agreement was 7599862 1212 05 I I approved by Ordinance ofthe City Council on December 17 2002 and recorded on January 9 2003 as Document No 2003 018567 in the Official Records ofthe County of Riverside Development Agreement b The real property which is subject to the Development Agreement and this First Amendment is generally known as the Roripaugh Ranch Project and is specifically described in Exhibit A to this First Amendment and incorporated herein as though set forth in full Property c On October 21 2004 the City and the Developer entered into that certain FirstOperating Memorandum to the ReCorded Development Agreement between the City of Temecula and Ashby USA Roripaugh Ranch Project pursuant to Section 3 55 ofthe Development Agreement First Operating Memorandum The First Operating Memorandum was recorded as Document No 0280740441 in the Official Records ofthe County ofRiverside onNovember 3 2004 The First Operating Memorandum provides additional funding for the construction ofthe permanent fire station described in Section 4 1 6 which fire Station is necessary to provide fire protection for the Project Accordingly an amendment to the Development Agreement is required in orderto increase the number ofhomes that can be built during construction ofthe permanent fire station I d On September 23 2003 the CITY and Ashby USA LLC entered into that certain Agreement to Defer Completion ofConditions ofApproval Until After Recordation ofFinaI Map for Tract No 29353 2 Roripaugh Ranch Specific Plan Deferral Agreemenf The Deferral Agreement wasrecorded as Document No 2003 744646 in the Official Records ofthe County ofRiverside on September 24 2003 Said Deferral Agreement provides f9l the deferral ofcertain obligations with respect to the development ofthe Property e Portions ofthe Property have been sold to merchant builders who have taken their properties subject to the rights and obligations oftbe Development Agreement The merchant builders are DAVInSON RORIPAUGH RANCH 122 LLC aCalifornia limited liability company TANAMERA RORIPAUGHLLC a California limited liability company and TANAMERAJRORIPAUGH 0 LLC aCalifornia limited liability company Merchant Builders The Merchant Buildershave by separate agreement to which the CITY is not a party designated AshbyUSA LLC as the OWNERS agent to complete the pUblic improvements required by the Development Agreement and the Conditions ofApproval ofthe Land Use Entitlements for the Project OWNERS warrant and represent to the City that all persons have an ownership interest or other interest in the Property have executed it as aparty or have signed the Consent and Subordinantion attached hereto and further no other persons are required to approve this FirstAmendment I f Section 4 16 ofthe Development Agreement provides that only 107 building permits for residential units may be issued for Planning Areas lA 2 and 3 until the permanent fire station which will servethe Project Fire Station is constructed but that the Fire Chief ofthe City ofTemecula may in his sole discretion 799862 5 12121 05 2 II issue up to 250 total residential units on Planning Areas lA 2 3 4Aand 4B so long as the permanent fire station and the Secondary Access as defmed in Attachment 5 are substantially under construction g The additional funding for the pennanent fire station provided in the First Operating Memorandum has enabled the City to accelerate the construction of the permanent fire station The Temecula Fire Chiefbas now determined that the Fire Department can adequately serve up to 515 units within the Project during the construction ofthe permanent Fire Station provided that certain conditions imposed by the Development Agreement and Conditions ofApproval for the Project are fulfilled The Fire Chiefbas further determined that no more than 515 units with the Project be served until such time as the Secondary Access as described in Attachment 5 to the Development Agreement andpermanent access to the Fire Station on Murrieta Hot Springs Road and Butterfield Stage Road have been completed h It is the intent ofthe parties in entering into this First Amendment to the Development Agreement that the limitations onthe schedule for issuance of building permits necessitatedby the availability of fire protection be modified given the current construction ofthe permanent fire station and fire station access but that other limitations on the issuance ofbuildingpermits necessitated by other impacts remain in place as provided in the Development Agreement and the Conditions ofApproval i The Planning Commission ofthe City ofTemecula held a duly noticed public hearing on February 1 2006 and byResolution No 06 recommended to the City Council that this FirstAmendment be approved j On February 14 2006 the City Council ofthe City ofTemecula held aduly noticed public hearing on the proposedNegative Declaration and the proposed First Amendment OrdinanceNo 06 introduced on February 14 2006 and adopted on February 28 2006 approved this First Amendment 2 Section 4 16 Fire Service Improvements ofthe Development Agreement is hereby amended to read as follows 4 1 6 Fire Service Improvements The following shall satisfY OWNER s obligations regarding this component a Convevance ofLand On or before the thirtieth 30 calendar day after the Annexation Dateofthis Agreement OWNER accomplish the following 1 Fee simple title shall be conveyedto CITY free and clear ofall liens and matters ofrecord 2 OWNER shall provide CITY aCLTA innscuera policy insuring CITY s title to the Station Site in an amount equal to the fair market value ofthe Station Site I 799862 5 1212 05 3 I 3 The parcel shall have not less than one and onehalf 1 5 acre of flat land usable for development as aCITY fire station In no event shall the site be in excess oftbree 3 gross acres 4 CITY acknowledges that as ofthe date ofthe First Amendment to the Development Agreement the OWNER has conveyed the fire station property to the CITY as required by subsections al to a3 b Gradinl Prior to the issuance ofthe first 1 building pennit OWNER shall rough grade the parcel CITY acknowledges that as ofthe date ofthe First Amendment to the Development Agreement OWNER has graded the Fire Station site c Construction Pursuant to Section 4 13 1 OWNER shall tenderthe sum ofTwo MillionDollars 2000 000 00 and CITY shall accept the money from OWNER for the purpose ofCITY s design and construction ofa fire station and acquisition oftiUe to a fire truck of CITY s sole selection CITY acknowledges that as ofthe date ofthe First Amendment to the DevelopmentAgreement OWNER has transferred the 2 million to the CITY pursuant to this subsection I d Issuance of515 Buildinl Permits I As ofthe date ofthe First Amendment to the Development Agreement 1 OWNER has paid to the City the sum of 2 million pursuant to Section 4 15 c ofthis Agreement 2 OWNER has paid the additional swnof I 1 million to the City for the construction of the pennanent fire station pursuant to Section 1 ofthe First Operating Memorandwn 3 CITYhas approved plans and specifications for the permanent fire station Fire Station 4 City has let a contract for construction ofthe permanent Fire Station and 5 the permanent Fire Station is under construction I 2 With respect to limitations on the issuance of building permits necessitatedby the availability of fire protection up toa maximwn of five hundred fifteen 515 residential building permits for Planning Areas lA 2 3 4A and 4B shall be issued upon a finding by the City Manager that 1 the permanent fire station is substantially under construction 2 permanent access to the Fire Station via Butterfield Stage Road and Murrieta HotSprings Road issubstantially under construction so as to be completed concurrent with the opening ofthe Fire Station 3 Access to the Fire Station via Calle Chapos between the Fire Station s eastern most driveway and Walcott Lane will be completed concurrent with the opening ofthe Fire Station and 4 all other requirements ofthe Development Agreement and Conditions ofApproval of the Land Use Entitlements ofthe Project for the issuance ofthe building permits have 799862 5 12121105 4 I been fulfil1ed Ifthe conditions described in clauses I and 4 ofthis subsection have been fulfilled but the conditions described in clauses 2 and 3 ofthis subsection has not been fulfilled then the City Manager shall not issuemore than one hundred seven 107 building permits until such time as lIll conditions described in this subsection have been fulfilled I 3 With respect to limitations onthe issuance of building permits necessitated by the availability offire protection no more than five hundred fifteen building permits for the Project shall be issued until such time as 1 the Secondary Access as defined in Attachment 5 to the Development Agreement is completed 2 permanent access on Murrieta Hot Springs Road and Butterfield Stage Road to the Fire Station are complete and 3 all other requirements ofthe Development Agreement and Conditions ofApproval of the Land Use Entitlements of the Project for the issuance ofthe building permits have been fulfilled e Fire Station ConstructionStreet Inmrovements OWNER shall subject to final review and Acceptance by CITY construct the street improvements adj acent to the Fire Station in conformance with the conditions set forth in Att3chment 5 to this Agreement and subject to the CITY s approved street improvemeiJtplans for the public streets which are immediately adjacent to the Fire Station OWNER shall commence and complete the street improvements including but not limited to asphalt concrete travel lanes concrete curb and gutter sidewalk per Specific Plan andright of waylandscaping as required by CITY The improvements described in this Section shall be completed not less than thirty 30 calendar days prior to the date the CITY will place the Fire Station in full operation Owner hereby grants a license to the Cityover or through its property adjacent to the Fire Station for the purposes ofallowing access to the Fire Station for construction and operation ofthe Fire Station which license shall terminate uponthe acceptance ofthe streets adjacent to the Fire Station into the City maintained street system City and Ownermay fulfill the access requirement by entering into aseparate license agreement with specific details ofthe rights and obligations ofthe parties I f DIP ComDOnent Release Upon the funding ofthepublic finance district or other financing mechanism and CITY s ability to utilize such monies for construction ofa permanent fire station as described in Section 4 16 and the Acceptance oftitle to the site then OWNER s further obligations to pay the Fire Component ofthe DIF will be credited by CITY and CITY shaII not impose restrictions onbuilding permit issuance based upon nonpayment ofthe Fire Component ofthe DIF g Limitation on Particitlation The OWNER agrees to not participate in the design or construction ofthe Fire Station evenif it is funded bya public financing district However to ensure architectural compatibility with future development CITY agrees to al10w OWNER s 799862 5 1212 05 5 I architect to coordinate with the architect hired by CITY for the sole purpose ofproviding input into the architectural themes ofthe exterior to the fire station 3 Except as specifically set forth herein all other terms and conditions ofthe Development AgreementshaIl remain in full force and effect 4 This First Amendment contains the entire understanding between the parties relating to the subject matter hereof all prior or contemporaneous agreements understandings representations and statements oral or written concerningthe subject niatter hereof except for the First Operating Memorandum the Deferral Agreement and First Amendment to the Deferral Agreement are mergedinto this Agreement and sha1l be ofno further force or effect 5 This First Amendment sha1l notbe effective and shall not berecorded until such time as each owner ofthe Property has duly executed this First Amendment to Development Agreement and all persons with an interest in the Property or holding a deed of trust in the Property or aportion ofthe Property have duly executed the Consent and Subordination attsched hereto II 799862 5 1212 05 6 I IN WITNESS WHEREOF the parties hereto have executed this Covenant as ofthe day and yearfirst above written CITY OF TEMECULA a municipal corporation Ron Roberts Mayor Attest SusanW Jones CMC City Clerk Approved As to Form I PeterM Thorson City Attorney I 799862 5 1212105 7 I ASHBY USA LLC a California limited liability compaoy By Ashby Development Co Inc its Managing Partner By JustinK Ashby President By USAInvestment Partners LLC a Nevada limited liability company its memberBy USA Commercial Mortgage Company aNevada corporation its non MemberManager I ByJoseph D Milanowski President I 7599862 12121 05 8 u III DAVIDSON RORIPAUGH RANCH 122 LLC Name Title Name Title 7599862 1212 05 9 I TANAMERA RORIPAUGH LLC aCalifornia limited liability company Name Title Name Title II 799862 5 1212105 10 I TANAMERA RORIPAUGH II LLC aCalifornia limited liability company Name Title Name Title II 7599862 1212105 II I LENDER S CONSENT AND SUBORDINATION TO DEVELOPMENT AGREEMENTAND FIRST AMENDMENT TO DEVELOPMENT AGREEMENT 1 Lender holds asecurity interest in a portion ofthe Property described in the First Amendment to Development Agreement set forth above between AshbyUSA LLC aCalifornia limited liability company Owner and the CITY OF TEMECULA amunicipal cozporation City 2 Lender acknowledges that the Development Agreement and the First Amendment to the Development Agreement are integral parts of the Owner s land use entitlements for the Property andprovide significant benefits to the Owner and to the Property as well as vesting Owner s land use entitlements pursuant to the terms ofthe DevelopmentAgreement and the FirstAmendment to the Development Agreement I 3 In consideration ofthe rights and benefits conferred upon the Owner by the terms ofthe Development Agreement and the First Amendment to the Development Agreement and the and in recognition of the accrual ofthose benefits to the Lenderin the event Lendertakes possession ofthe Property Lender hereby consents to the Development Agreement and theFirst Amendment to the DevelopmentAgreement and their recordation and further agrees that Lender s interests iD the Property are subject to and made subordinate to the rights and interests ofthe City as set forth in the Development Agreement and the First Amendment to the Development Agreement 4 The City agrees to provide notice ofany default to Lender pursuant to Section 10 oftheDevelopment Agreement at the following address I 799862 5 1212105 12 I IN WITNESS WHEREOF the Lenderhas executed this Consent and Subordination as ofFebruary 2006 Lender Name Title Name Title II 799862 5 1212105 13 III 799862 5 12121105 EXHIBIT A LEGALDESCRIPTION OFPROPERTY 14 il RORIPAUGHRANCH PROJECT 1 etes and Bounds description of the North onehalf of the North one half of Section 20 of TIS R2W S B M IsBbaeeidJaimSceeUacntliogonnagt2t0thheeSNoSuootrhutht0he0ears3lty4cl ion3me1 eorWfothf1es3aN1i9dor8Sth0ecfetieoobtntna2o0elIfhtoChefNntohcreethNalSoorinxthgtetoehnnetehehacasotlrefnorleyfrsltiahnieedreoof f Section 20 North 3868 41 West a distance of5229 85 feet to the North Sixteenth dCiOs1IIaICDlctehoerfeof Io12b331e9 nfecetatloonthgethNeowrthewSet slitnecoomf seartihdeSreeoctfionTh2e0nNceorathlo02ng06the N13ortWheerslyt laine of said Section 20 South 88037 05East a distance of 5233 02 feet to the Pointof Beginning containing an area of 158 45 acres more or less I1W on is for eld1ibit purposes only The lUJe legal description is TheNorth oncbalf ofthe North ODChalfofSection 20 TowDship 7 South Range 2Wcst San BernardinoBase and Meridian County ofRivcirside State ofCli1ifomia according to the Official Plat thereof III I 1oJ11f anaaboboryvigcinooannldioyonforulengopeIngltIholwaiptheinntraullebly onrfdpccooorrJdrrserycotf1C1IO0ll1P CIIy o T I Inwlln s where f 1 v reunlo el my hond and aflx fjtSMClly ofIaTAlIlOBcauJllr91chhls D pustyy oCfity C1 rIcaJ bth III I J RORIPAUGB RANCHPROJECT M tes and Bounds description of Section 21 of TIS R2W SBM Beginning at the Northeast comer of said Section 21 thence along the easterly tiDe of said Section 21 South0 59 15 West 2664 97 feet to the East quarter section comer thence continuing along said easterly line South 00 2i 34 West 2636 07 feet to the Southeast comerofsaid Section 21 thence along the Southerly IiDe of said section North 890 39 13 West S282 88 feet to the Southwest comer ofsaid section tah1eonncgc the westerly line of said section North 00 33 47 East 3809 86 feet tothe North sixteenth comer ofsaid section thence continuiDg along said westerly line North 034 31 Bast 1319 80 feet tothe Northwest section comer thence along the northerly line ofsaid section North 880 29 37East 3S92fe9c6t to tphoinet ofBcgi1ming containing an area of 6232 acres more or less This description is for exhibit p1IlpOSes only nie true legal description is Section 21 ToWDShip 7 South Range 2 West San BemanJino Base and Meridian Countyof Riverside State ofCalifornia according to the OfIidal Plat thereof III f RORIPAUGH RANCH PROJEcr 3 Metes and Bounds description of a portion of Section 20 of17S R2W S BM daPDOffpMlCWeeechoidufeeoasIfeeipittimelnstcgrBsmtmtteiinmaotcaoanoStepdlhattcraeaneoBReleeDogds cfecoooeiiTSagcnBggsrfsonnogielnet4anINuhrcn6a4tlnuteseibt2oaPndttteoMhr6gthooda89rfeiali8nssotCnChfNatPtqNoeeOeolaodlrhBIeIfllEorIlyBIlattfa4ahtolTseiisn6nraehgslnieCeonilPlaximrbIaugJJnloCacetcyrdh IoeicfrnonnlysMcinSlnogToala8tdl9eebnlfhri8ede0rCToescaiaR2dShhdlofl5lCeOoieicmanhtcI5WcIefeonCeteIcaD8rCorpdoIJbnlbosoa15ElnNeIn2yIrlfo47aidcoagntS0iPsdf0rlgsralICtteeelatShalAti2yOlaralhocie0cepdc8 weIIdedlIrCtEilINbatlohMamto20uasarto4nnthtephrStc3eteyTreco1o83lSyooa9oontosw46rhlWffituf8nelnRi7ectlebasoeMsoiWsvshs7N6mi1een7itIiop5Dtn1erarBsSc7ao1ridoboplodfndSieoosfreIioesImtltscaiuthtCtaacna1 3tatIhinoaDcdnt2celotctiephRWfNeof0oaeoraPco9afrrtTracnutaeicr9i3npuBlr7lnem4a2982Js914t3 This desaiplion Is for exhibit JlIIlPOSe only oIIbf hoaonorbooobdvygolCnaBanrUdOlytnordeogprOlolnrrIh ponolly of Im y lI s CIty 0 romocu romocu o In a a lruo and corrfly ho o aol my hand WI hln fh oordo of me a o Wh81iol I havo ly of ramaeula thls Ool2of tho ell A Bhartrelc Deputy C ly Ctle OS by