HomeMy WebLinkAbout95_018 PC ResolutionPC RESOLUTION NO. 95-018
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMF~ULA RECOMMENDING APPROVAL BY THE CITY COUNCIL
OF AMENDMENT AND RESTATEMENT OF DEVELOPMENT
AGREEMENT NO. 5, SPECIFIC PLAN NO. 199, PLANNING AREA 14,
"MARGARITA VILLAGE," PLANNING APPLICATION NO. PA95-0023
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Temeeula has received an
application for an Amendment and Restatement of Development Agreement No. 5, Specific Plan
No. 199, "Margarita Village," Planning Area 14, Planning Application No. PA95-0023,
(hereinafter "Development Agreement"); and,
WHEREAS, the Planning Commission held a noticed public hearing on August 7, 1995,
on the issue of recommending approval or denial of the Development Agreement.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
TEMECULA DOES FIND AS FOLLOWS:
Seetinn 1. That the Planning Commission recommends that the City Council adopt and
approve the Ordinance approving the Development Agreement, Attachments "A" and "B",
respectively, attached hereto and incorporated herein by this reference, subject to the Conditions
of Approval attached hereto as Attachment "C" and incorporated herein by this reference as set
forth in full herein.
Section 2. That in recommending the adoption by the City of the Ordinance approv'mg
the Development Agreement, the Planning Commission hereby makes the following findings:
(a) The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula's General Plan in that the
Development Agreement makes reasonable provision for the use of certain real property for
residential development and is consistent with the General Plan Land Use Designation of low-
medium density residential; and,
(b) The project subject to the Development Agreement is compatible with the uses
authorized in, and the regulations prescribed for, the Specific Plan Zone district in which the
Property subject to the Development Agreement is located, and that this Development Agreement
is consistent with good planning practices by providing for the opportunity to develop the
Property consistent with the General Plan; and,
(c) The Development Agreement 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; and,
R:~TAFFRPTU~PA95.PC 2/15/96 slb 7
(d) The Development Agreement will not be detrimental to the health, safety,
or general welfare because it provides adequate assurances for the protection thereof; and,
(e) Notice of the public hearing before the Planning Commission was
published in a newspaper of general c'Lrculation at least ten (10) days before the Planning
Commission public hearing, and mailed or delivered at least ten (10) days prior to the heating
to the project applicant and to each agency expected to provide water, sewer, schools, police
protection, and fire protection, and to all property owners within three hundred feet (300') of
the property as shown on the latest equalized assessment roll; and,
(f) Notice of the public hearing before the Planning Commission included the
date, time, and place of the public heating, the identity of the hearing body, a general
explanation of the matter to be considered, a general description and text or diagram of the
location of the real property that is the subject of the hearing, and of the need to exhaust
administrative remedies; and,
(g) The Development Agreement complies with the goals and objectives of the
Circulation Element of the General Plan and the traffic impacts of the development over the
period of the Development Agreement will be substantially mitigated by the mitigation measures
and conditions of approval imposed; and,
(h) The Development Agreement complies with requirements of the zoning
district in which the applicant proposes to develop in that the Medium Density Residential is
consistent with the Low Medium Residential General Plan Land lJse Designation; and,
(i) The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are as follows:
City and Owner acknowledge that development of the Project will result in the
1. Generation of municipal revenue;
2. Construction of public infrastructure fac'titles;
3. Acceleration of both the timely development of subject property as well
as the payment of municipal revenue;
4. Enhancement of quality of life for surrounding residents with the timely
development through the elimination of dust and nuisance of partially improved lots;
5. Payment of Public Facility Fees (fire, library, traffic signal mitigation,
development and RSA); and,
6. Help ensure solvency of Assessment District 159 and Community Facilities
District 88-3 as Van Daele has elected to use legislation to help offset burden to pay off each
of these districts for subject property in their entirety and these districts finance City and
regional improvements.
R:~TAFFRPT~3PA95.1N2 2/15/96 slb 8
Section 3. The Secretary of the Planning Commission shall cause this Resolution
to be transmitted to the City Council for further proceedings in accordance with State law.
Section 4. PASSED, APPROVED AND ADOPTED this 7th day of August, 1995.
I HEREBY CERTIYY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 7th day of
August, 1995, by the following vote of the Commission:
AYES: 4 PLANNING COMMISSIONERS: FAHEY SLAVEN WEBSTER
MILLER
NOES: 0
ABSENT: 1
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
FORD
GAR/~y THORNI-IILL
SECRETARY