HomeMy WebLinkAbout13-006 PC Resolution PC RESOLUTION NO. 13-06
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED, "AN ,
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE SECOND AMENDMENT
TO THE DEVELOPMENT AGREEMENT. ENTITLED
"DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND ASHBY USA, LLC" AND ADOPT AN
ADDENDUM TO THE RORIPAUGH RANCH SPECIFIC
PLAN FINAL ENVIRONMENTAL IMPACT REPORT
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. The City of Temecula ("City"), a general law city in the State of California
and Ashby. USA, LLC entered into a Development Agreement on December 17, 2002
for the development of the Roripaugh Ranch Specific Plan ("Development Agreement").
A First Amendment to the Development Agreement was adopted on February 14, 2006.
B. On June 28, 2012, Jennifer Washburn filed Planning Application No.
PAl2-0122, a Development Agreement Amendment Application in a manner in accord
with the City of Temecula General Plan and Development Code.
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on March 20, 2013, 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 in opposition to this matter.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PAl2-0122 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that:
A. The Second Amendment is consistent with the City's General Plan, and
each Element thereof and constitutes a present valid exercise of the City's police power.
B. The Second Amendment is being entered into pursuant to and in
compliance with the requirements of Government Code Section 65867.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Development Agreement Amendment Application:
A. Pursuant to the California Environmental Quality Act ("CEQA") and the
City's local CEQA Guidelines, staff has reviewed and considered the Final
Environmental Impact Report ("FEIR") for the Roripaugh Ranch Specific Plan certified
by the City Council on December 24, 2002, including the impacts and mitigation
measures identified therein, and the subsequent environmental reviews required as
v mitigation measures identified therein. Based on that review, and review of the First
Amendment adopted on February 14, 2006, the proposed Second Amendment does not
require the preparation of a subsequent Environmental Impact Report or Mitigated
Negative Declaration as none of the conditions described in Section 15162 of the CEQA
Guidelines (14 Cal. Code Regs. 15162) exist. Specifically, the proposed Second
Amendment does not involve significant new effects, does not change the baseline
environmental conditions, and does not represent new information of substantial
importance which shows that the Second Amendment will have one or more significant
effects not previously discussed in the FEIR. All potential environmental impacts
associated with the proposed Second Amendment are adequately addressed by the
prior FEIR, and the mitigation measures contained in the FEIR will reduce those
impacts to a level that is less than significant. An Addendum pursuant to Section15164
of the CEQA Guidelines (14 Cal. Code Regs. 15164) is therefore the appropriate type of
CEQA documentation for the Second Amendment, and no additional environmental
documentation is required.
Section 4. Recommendation. The Planning Corrimission of the City of
Temecula hereby recommends that the City Council adopt an ordinance approving the
Second Amendment to the Roripaugh Ranch Development Agreement per Exhibit "A"
� attached hereto and adopt an Addendum to the Roripaugh Ranch Specific Plan Final
Environmental Impact Report.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 20 day of March, 2013.
John Telesio, Chairman
ATTEST:
Patrick Richardson, Secretary
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STATE OF Cl��IFORNIA )
� COUNTY UF' RIVERSIDE )ss
CITY OF TEMECULA ) �
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 13-06 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 20 day of March, 2013, by the following vote: �
AYES: 4 PLANNING COMMISSIONERS: Guerriero, Harter, Kight,�Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Carey
ABSTAIN: 0 PLANNING COMMISSIONERS: None
Patrick Richardson, Secretary
EXHIBIT A `
CC ORDINANCE
ORDINANCE NO. 13-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE SECOND
AMENDMENT TO THE DEVELOPMENT AGREEMENT
ENTITLED "DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF TEMECULA AND ASHBY USA, LLC" AND
MAKE FINDINGS RELATED THERETO
A. Intent of the Parties.
1. The City Council of the City of Temecula, at its meeting of
December 17, 2002 approved the Ordinance and related Development Agreement
ent'itled "Development Agreement Between the City of Temecula and Ashby USA, LLC"
("Development Agreement.") The parties to the Agreement are the City of Temecula and
Ashby USA, LLC. This document addressed the comprehensive development of the real
property described within it and established the opportunity for necessary amendments
and extensions. Subsequently, the parties adopted the "First Amendment to
Development Agreement between the City of Temecula and Ashby USA, LLC
(Roripaugh Ranch Specific Plan) on February 14, 2006.
2. The parties acknowledge that certain of the improvements
contemplated in the Development Agreement have been commenced but are not
complete and others have yet to be commenced. The Development Agreement is to
lapse and terminate, by its own terms, prior to the completion of the desirable and
beneficial improvements being completed. To allow the improvements to be completed
the parties, including successors in interest, to the subject Development Agreement
desire to extend the term of the Agreement. The parties wish to extend the term of the
Agreement fifteen (15) years, for a total term of twenty-five (25) years. This additional
term will allow for the completion of the improvements specified in the Specific Plan and
all related land use entitlements.
3. All necessary and legally required prerequisites to the adoption of
this Ordinance No._ have occurred as required by law. �
B. Ordinance.
The City Council of the City of Temecula, California does ordain as follows:
Section 1. In all respects as set forth in Part A, Intent of the Parties, which Part
A is hereby incorporated by reference.
Section 2. That certain Agreement entitled "Development Agreement Between
the City of Temecula and Ashby USA, LLC," as amended and interpreted, is hereby
further amended by the Second Amendment to said Agreement, as set forth in Exhibit A
hereto and which is hereby incorporated by reference.
Section 3. The City has reviewed the time extension of the Development
Agreement, and the environmental impacts addressed in the Development Agreement's
Initial Environmental Impact Report, all pursuant to and as required by the California
Environmental Quality Act of 1970, as amended and determined, pursuant to Section
15164 of the State CEQA Guidelines, that substantial evidence supports the conclusion
that an addendum to the Initial Environmental Impact Report is the proper further
environmental analysis required by CEQA. The City Council, based upon the
substantial written and oral testimony set forth in the staff report, the Addendum
attached hereto as Exhibit B and oral testimony from City staff and third parties,
concludes that the Addendum attached as Exhibit B is the lawful and appropriate level
of review under CEQA because:
i. No substantial changes are proposed in the project that will require
major revisions in the previous EIR and further, the time extension merely
allows necessary improvements which serve as mitigation measures to be
completed as planned;
ii. No substantial changes have occurred with respect to the
circumstances under which the project is being undertaken that will result
in or require major revisions to the previous EIR;
iii. No new information of substantial importance has been identified
subsequent to the certification of the previous EIR;
iv. The Planning Commission and City Council have evaluated and
considered the Addendum with the Final EIR and have done so prior to
making a decision on the project and the Addendum has been attached to
the Final EIR in the project's permanent file, which is publically available.
v. The City Council has determined that the record, consisting of both
written and oral testimony provides substantial evidence supporting the use
of an addendum, pursuant to state CEQA Guidelines Section 15164 for the
project consisting of the time extension of the Development Agreement
between the City of Temecula and Ashby USA, LLC as amended.
Section 4. If any section or provision of this Ordinance is for any reason held to
be invalid or unconstitutional by any court or competent jurisdiction, or contravened by
reason of any preemptive legislation, the remaining sections and/or provisions of this
Ordinance shall remain valid. The City Council hereby declares that it would have
adopted this Ordinance, and each section or provision thereof, regardless of the fact that
any one or more section(s) or provision(s) may be declared invalid or unconstitutional or
contravened via legislation.
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Section 5. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
�
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , .
Michael S. Naggar, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 13- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , , by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk