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HomeMy WebLinkAbout16-06 PC Resolution PC RESOLUTION NO. 16-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 97121030)", ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 2 TO THE RORIPAUGH RANCH SPECIFIC PLAN (SP 11; PLANNING APPLICATION NO. PA 15-1664)", AND ADOPT AN ORDINANCE ENTITLED "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA 14- 0051)" Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. The City Council of the City of Temecula certified the Roripaugh Ranch Specific Plan Final Environmental Impact Report ("FEIR") on December 24, 2002. B. The Roripaugh Ranch Specific Plan (Specific Plan No. 11) was approved by the City Council on November 26, 2002 by the adoption of Resolution No. 02-112. Amendment No. 1 to the Roripaugh Ranch Specific (SP 11) was approved on January 11 , 2005 by the adoption of Resolution No. 05-08. The Roripaugh Ranch Specific Plan as originally approved and as amended by Amendment No. 1 shall be referred to in this Resolution as the "Specific Plan". C. On November 5, 2015, Ken Kraemer filed Planning Application No. 15- 1664, a Specific Plan Amendment to amend the Roripaugh Ranch Specific Plan in a manner in accord with the City of Temecula General Plan and Development Code. D. Planning Application PA15-1664 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. E. 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 and a Second Amendment to the Development Agreement was adopted on April 23, 2013. F. On March 5, 2014, Ken Kraemer filed Planning Application No. PA14- 0051, a Development Agreement Amendment Application in a manner in accord with the City of Temecula General Plan and Development Code. G. Planning Application PA14-0051 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. H. The Planning Commission, at a regular meeting, considered Planning Applications PA15-1664, Specific Plan Amendment, and PA14-0051, Development Agreement Amendment, and the associated Environmental Impact Report Addendum on February 17, 2016, 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. I. At the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve Planning Application PA15-1664, Specific Plan Amendment and PA14- 0051 , Development Agreement Amendment, subject to and based upon the findings set forth hereunder. J. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in recommending that the City Council approve the Applications hereby finds, determines and declares that: A. Specific Plan Amendment No. 2 is The City has reviewed the potential impacts of the Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) and the various potential benefits to the City of the Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) and has concluded that Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) is in the best interests of the City. B. Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. C. The City has reviewed the potential impacts of the Third Amendment to the Development Agreement and the various potential benefits to the City of the Third Amendment and has concluded that the Third Amendment is in the best interests of the City. D. The Third Amendment to the Development is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. 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. There are no substantial changes proposed by the Amendments that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; B. No substantial changes have occurred with respect to the circumstances under which the Amendments are undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no 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 adopted, showing that: (a) the Amendments will have one or more significant effects not discussed in the EIR: (b) there are significant effects previously examined that will be substantially more severe than shown in the EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt a resolution approving Addendum no. 2 to the Roripaugh Ranch Final Environmental Impact Report (SCH no. 97121030) for Specific Plan Amendment No. 2 and the Third Amendment to the Development Agreement per Exhibit "A" attached hereto; adopt a resolution approving Specific Plan Amendment No. 2 to the Roripaugh Ranch Specific Plan per Exhibit "B" attached hereto; and adopt an ordinance approving the Third Amendment to the Development Agreement per Exhibit "C" attached hereto. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of February, 2016. Z / -t/C 2 •`- Ron Guerriero, Chairman ATTEST: Luke tson, Secreta [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-06 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of February, 2016, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo, Watts NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Youmans ABSTAIN: 0 PLANNING COMMISSIONERS: None Luke Watson, Secretary RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING ADDENDUM NO. 2 TO THE RORIPAUGH RANCH FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 97121030) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council does hereby find, determine and declare that: A. In November and December 2002, the City Council of the City of Temecula approved the Roripaugh Ranch Specific Plan, along with other land use entitlements, and a 10-year Development Agreement for the Roripaugh Ranch Project. At that time, the City certified a comprehensive Final Environmental Impact Report State, State Clearinghouse No. 97121030 ("EIR"), to comply with the requirements of the California Environmental Quality Act ("CEQA") for all of the land use approvals and the development agreement for the Project. In April 2013, the City prepared Addendum No. 1 to that EIR for a proposed 15-year extension to the Development Agreement from 2013 to 2028. B. The Development Agreement and the Specific Plan provide that the issuance of building permits for Phase II buildings are conditioned upon the completion of design and construction of certain Public Improvements. The Third Amendment to the Development Agreement and Amendment No. 2 to the Roripaugh Ranch Specific Plan would modify the schedule and building permit "trigger points" or "building permit thresholds" for various public improvements related to development in Phase II of the Roripaugh Project (collectively the "Amendments"). The Owners of the Phase II Properties have requested modifications to the infrastructure implementation schedule to be able to install them in a more cost effective and efficient manner based on current market conditions. C. Addendum No. 2 to the Roripaugh Ranch Specific Plan Final Environmental Impact Report City of Temecula, California, State Clearinghouse No. 97121030 ("Addendum No. 2") addresses potential environmental impacts that might result from the Amendments. D. The City has caused an Addendum No. 2 ("Addendum") to be prepared for the Amendments in accordance with Section 15164 of the CEQA Guidelines because the Amendments do not require the preparation of a new or supplemental environmental impact report pursuant to CEQA Guidelines section 15164. E. An addendum need not be circulated for public review but is attached to a final EIR in accordance with CEQA Guidelines section 15164. F. The City Council has reviewed and considered the Addendum No. 2 in conjunction with the EIR and Addendum No. 1 . G. On , 2016 the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement for the Roripaugh Ranch Project, and proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in these actions had the opportunity and did address the Planning Commission. After hearing all written and oral testimony on the proposed actions and duly considering the comments received, the Planning Commission adopted Resolution No. recommending to the City Council that the Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) be approved. G. On , 2016 the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement for the Roripaugh Ranch Project, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in the Project had the opportunity and did address the City Council. H. The City Council has reviewed the findings made in this Resolution and finds that they are based upon substantial evidence that has been presented to the City Council in the record of proceedings. The documents, staff reports, and other materials that constitute the record of proceedings on which this Resolution is based are on file and available for public examination during normal business hours in City Hall through the office of the Director of Community Development, who serves as the custodian of these records. The City Council has independently reviewed and considered the contents of Addendum No. 2 prior to deciding whether to approve the Amendments. Section 2. Further Findings. The City Council finds and determines that Addendum No. 2 is the appropriate environmental document to analyze the proposed Third Amendment to the Development Agreement and Amendment No. 2 to the Specific Plan ("Amendments") because: A. There are no substantial changes proposed by the Amendments that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects, B. No substantial changes have occurred with respect to the circumstances under which the Amendments are undertaken that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and C. There is no 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 adopted, showing that: (a) the Amendments will have one or more significant effects not discussed in the EIR: (b) there are significant effects previously examined that will be substantially more severe than shown in the EIR; (c) there are mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation measure or alternative; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. Section 3. The City Council hereby adopts Addendum No. 2 which is attached hereto as Exhibit A and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly 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: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk RESOLUTION NO. - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 2 TO THE RORIPAUGH RANCH SPECIFIC PLAN (SP 11) (PLANNING APPLICATION NO. PA 15-1664) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council does hereby find, determine and declare that: A. The Roripaugh Ranch Specific Plan (Specific Plan No. 11) was approved by the City Council on November 26, 2002 by the adoption of Resolution No. 02-112. Amendment No. 1 to the Roripaugh Ranch Specific (SP 11) was approved on January 11, 2005 by the adoption of Resolution No. 05-08. The Roripaugh Ranch Specific Plan as originally approved and as amended by Amendment No. 1 shall be referred to in this Resolution as the "Specific Plan". B. The Roripaugh Ranch Specific Plan provides that the issuance of building permits for Phase II buildings of the Specific Plan are conditioned upon the completion of design and construction of certain Public Improvements. Amendment No. 2 to the Roripaugh Ranch Specific Plan would modify the schedule and building permit "trigger points" or "building permit thresholds" for various public improvements related to development in Phase II of the Specific Plan. The Owners of the Phase II Properties have requested modifications to the infrastructure implementation schedule to be able to install them in a more cost effective and efficient manner based on current market conditions. C. On 2016 the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement for the Roripaugh Ranch Project, and proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in these actions had the opportunity and did address the Planning Commission. After hearing all written and oral testimony on the proposed actions and duly considering the comments received, the Planning Commission adopted Resolution No. recommending to the City Council that the Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) be approved. D. On , 2016 the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement for the Roripaugh Ranch Project, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in the Project had the opportunity and did address the City Council. E. The City has reviewed the potential impacts of the Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) and the various potential benefits to the City of the Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) and has concluded that Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) is in the best interests of the City. F. Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. G. All legal preconditions to the adoption of this Resolution have occurred. H. By Resolution No. 2016- the City Council certified and approved the Addendum No. 2 to the Final Environmental Impact Report for the Roripaugh Ranch Project. Section 2. Approval of Amendment No. 2 to the Roripaugh Ranch Specific Plan (AP 11). The City Council of the City of Temecula hereby approves that certain Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) in substantially the form attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. - was duly and regularly 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: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk ORDINANCE NO. - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR THE RORIPAUGH RANCH PROJECT (PLANNING APPLICATION NO. PA 14-0051) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council does hereby find, determine and declare that: A. The Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement') was initially approved by Ordinance No. 02-14 of the City Council on December 17, 2002 and recorded on January 9, 2003 as Document No. 2003-018567 in the Official Records of the County of Riverside. The Development Agreement has been previously amended pursuant to: (1) the First Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated February 14, 2006 and recorded on March 7, 2006 in the Official Records of Riverside County as Document No. 2006-0162268; and (2) the Second Amendment to the Development Agreement Between the City of Temecula and Ashby USA, LLC, dated April 23, 2013 and recorded on July 3, 2013 in the Official Records of Riverside County as Document No. 2013- 0324057. The December 17, 2002 development agreement as amended shall be referred to in this Ordinance as the "Development Agreement." B. The Development Agreement and the Roripaugh Ranch Specific Plan provide that the issuance of building permits for Phase II buildings are conditioned upon the completion of design and construction of certain Public Improvements. The Third Amendment to the Development Agreement and Amendment No. 2 to the Roripaugh Ranch Specific Plan would modify the schedule and building permit "trigger points" or "building permit thresholds" for various public improvements related to development in Phase II of the Roripaugh Project (collectively the "Amendments"). The Owners of the Phase II Properties have requested modifications to the infrastructure implementation schedule to be able to install them in a more cost effective and efficient manner based on current market conditions. C. On , 2016 the Planning Commission of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in the Project had the opportunity and did address the Planning Commission. After hearing all written and oral testimony on the proposed actions and duly considering the comments received, the Planning Commission adopted Resolution No. recommending to the City Council that the Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) be approved. D. On , 2016 the City Council of the City of Temecula held a duly noticed public hearing on the proposed Addendum No. 2 to the Roripaugh Ranch Final Environmental Impact Report, the proposed Third Amendment to the Development Agreement, and the proposed Amendment No. 2 to the Roripaugh Ranch Specific Plan (SP 11) at which time all persons interested in the Project had the opportunity and did address the City Council. E. The City has reviewed the potential impacts of the Third Amendment to the Development Agreement and the various potential benefits to the City of the Third Amendment and has concluded that the Third Amendment is in the best interests of the City. F. The Third Amendment to the Development is consistent with the City's General Plan including the goals and objectives thereof and each element thereof. G. All legal preconditions to the adoption of this Ordinance have occurred. H. By Resolution No. 2016- the City Council certified and approved the Addendum No. 2 to the Final Environmental Impact Report for the Roripaugh Ranch Project. Section 2. Approval of Third Amendment to Development Agreement. The City Council of the City of Temecula hereby approves that certain Third Amendment to Development Agreement between the City of Temecula and Ashby USA, LLC (also known as the "Pre-annexation and Development Agreement")and authorizes the Mayor to execute the Development Agreement in substantially the form attached hereto as Exhibit "A". PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Michael S. Naggar, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - 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 I , 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: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk