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HomeMy WebLinkAbout98_025 PC ResolutionPC RESOLUTION NO. 98-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING TO THE CITY COUNCIL THAT IT APPROVE THE "FIRST AMENDMENT TO AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT, PASEO DEL SOL" BETWEEN THE CITY OF TEMECULA AND CAL-PASEO DEL SOL, LLC, SPECIFIC PLAN 219 (PLANNING APPLICATION NO. PA95-0116) NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Planning Commission hereby finds determines, and declares as follows: A. Section 65864 et seq. of the Government Code of the State of California and Temecula City Resolution No. 91-52 authorize the execution of development agreements, and amendments thereto, establishing and maintaining requirements applicable to the development of real property; B. Cal-Paseo del Sol's ("Owner") predecessors in interest, KRDC Inc. and Mesa Homes, entered into an Amendment and Restatement of Development Agreement with the City pursuant to Government Code Section 65864, et seq., recorded on February 18, 1993 as Instrument No. 62043, Official Records of Riverside County ("Development Agreement"). C. The property to which the Development Agreement applies consists of approximately 820 acres constituting the easterly and southerly portions ofPaloma del Sol within Specific Plan 219 and located weste~y of Butterfield Stage Road between State Highway 79 south and Pauba Road. D. Owner and City entered into an Addendum to the Development Agreement on November 18, 1997 which provides for the City to initiate an amendment to the Development Agreement to address the dedication of certain properties and public improvements to the City. E. Notice of the City's intention to consider adoption of the Development Agreement and to consider the findings under the California Environmental Quality Act that a Supplemental EIR or Subsequent EIR is not required has been duly given in the form and manner require by law for both the public hearing before the Planning Commission and the public hearing before the City Council; F. The Planning Commission conducted a duly noticed public hearing on the Development Agreement on July 1, 1998 at which time the Planning Commission heard and considered all of the written material and oral comments presented to it on the proposed environmental findings and the proposed Development Agreement; R:\STAFFRPT\l16PA95.PC 9/18/98 klb 4 G. Owner and City have determined that certain park land, greenbelts, slopes, recreational facilities and paseos which were contemplated to be dedicated to the City by the Development Agreement should be owned and maintained by the Owners and conveyed to an appropriate homeowners association as the Property develops. Under the First Amendment, the facilities described in the Development Agreement will continue to be requirements of the Development Agreement, except as such requirements may have been modified by amendments to Specific Plan No. 219 or other land use entitlements approved by the City and accepted by the Owners; however, such facilities will be owned and maintained directly by the Owners or successor homeowner associations, rather than by the City, with funding for maintenance assessed upon the homeowners of the Property. H. The Project has been the subject of extensive prior environmental review. A full and complete environmental review in accordance with the provisions of the California Environmental Quality Act was conducted for the adoption of Specific Plan No. 219 on September 6, 1998, and again for the approval of the original development agreement on November 7, 1988, the approval of the restated and amended Development Agreement on January 12, 1993 and for the amendment of Specific Plan No. 219 on January 13, 1998. None of the conditions described in 14 Cat. Admin. Code Sections 15162 or 15163, and therefore, no further environmental review is required for the First Amendment to the Development Agreement. I. The First Amendment is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan and Specific Plan No. 219. J. The First Amendment is in conformity with the public convenience, general welfare, and good land use practice because it makes reasonable provision for a balance of land uses compatible with the remainder of the City. K. The First Amendment will not be detrimental to, and in fact enhances, the health, safety, or general welfare because it provides adequate assurances for the protection thereof through the implementation of the Applicable Rules. Section 2. Based on the evidence in the record before it, and after careful consideration of the evidence, the Planning Commission hereby finds and determines that neither a Subsequent EIR a Supplemental EIR, nor further environmental review is required for the Development Agreement pursuant to Public Resources Code Section 21166, 14 Cal. Admin. Code Sections 15162 or 15163. Section 3. The Planning Commission hereby recommends to the City Council that it make the environmental findings described herein and approve the proposed Development Agreement between the City of Temecula and Cal-Paloma del SoI,LLC, (Planning Application No. PA 95-0116). R:\STAFFRPT\l16PA95.PC 8/19/98 klb 5 Section 4. PASSED, APPROVED AND ADOFrED this 1st day of July, 1998. Marcia Slavcn, Cha~:pcrson I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 1st day of July, 1998 by the following vote of the Commission: AYES: 5 COMMISSIONMEMBERS: GUERRIERO, NAGGAR, SLAVEN, SOLTYSIAK, WEBSTER COMMISSIONMEMBERS: NONE COMMISSIONMEMBERS: NONE COMMISSIONMEMBERS: NONE NOES: 0 ABSENT: 0 ABSTAIN: 0 Debbie Ubnoske, Secretary R:\STAFFRPT\l16PA95.PC 8/19/98 klb 6