HomeMy WebLinkAbout95_023 PC ResolutionPC RESOLUTION NO. 95-023
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF
AMENDMENT AND RESTATEMENT OF DEVELOPMENT AGREEMENT
NO. 5 BETWEEN THE CITY OF TEMECULA AND BCI/CCL FOR FINAL
TRACT MAPS NO. 23100-1, 23100-2, 23100-3, 23100-4, 23101-2, and 23101-
3, WITHIN SPECIFIC PLAN NO. 199 (PLANNING APPLICATION NO.
PA95-0078).
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the Planning Commission of the City of Temecala has received an
application for an Amendment and Restatement of Development Agreement No. 5, Specific Plan
No. 199, "Margarita Village," Planning Application No. PA95-0078, (hereinafter "Development
Agreement"); and,
WHEREAS, the Planning Commission held a noticed public hearing on October 2, 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:
Section 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 approving
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,
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(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,
(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 heating before the Planning Commission was published
in a newspaper of general cimulation at least ten (10) days before the Planning Commission public
hearing, and mailed or delivered at least ten (10) days prior to the hearing 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 hearing, 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 Use 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 facilities;
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,
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Section 3. The Secretary of the Planning Commission shall cause this Resolution to
be transmitt.ed to the City Council for further procDgs in accordance with State law.
Sechon 4. PASSED, APPROVED AN~ tA~PTED this 16th day of October, 1995.
~ 1 J. For4 Chairman
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 16th day of
October, 1996, by the following vote of the Commission:
AYES: 5
NOES: 0
PLANNING COMMISSIONERS: Miller, Slaven, Ford, Fahey, Webster
PLANNING COMMISSIONERS: None
ABSENT: 0
PLANNING COMMISSIONERS: None
Debbie Ubnoske, Secretary
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