HomeMy WebLinkAbout03-187 CC ResolutionRESOLUTION NO. 03-187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADOPTING THE NEGATIVE DECLARATION FOR
THE DEVELOPMENT AGREEMENT BE'FVVEEN THE CITY OF
TEMECULA AND NORTH PLAZA, LLC REGARDING THE
AUTO MALL PROPERTIES (PLANNING APPLICATION NO. 03.
056S)
THE CITY COUNCIL OF THE CITY OF TEMECULA HEREBY RESOLVES AS
FOLLOWS:
Section 1. Procedural History.
hereby find, determine and declare that:
The City Council of the City of Temecula does
A. On December 18, 1990, the City Council approved Parcel Map No. 23496 for
the subdivision of 42 acres of property for commercial purposes, which property is generally
located on the west side of Ynez Road, north of the Empire Creek Channel, and south of the
existing auto mall (the "Property"). Parcel Map No. 23496 was subsequently recorded on
December 21, 2003. The conditions of approval for Parcel Map No. 23496 require the
construction of certain on-site and off-site public improvements on the Property. On August 13,
1996, North Plaza, LLC ("Owner") entered into a revised Subdivision Improvement Agreement
with the City and the City accepted substitute surety bonds for the completion of the
improvements.
B. in accordance with the procedures specified in City Resolution 91-52 and the
Development Code, Owner filed Planning Application No. 03-0565 with the City for approval of a
development agreement regarding the Property ("Development Agreement").
C. Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real property for the
development of such property in order to, among other matters: ensure high quality
development in accordance with comprehensive plans; provide certainty in the approval of
development projects so as to avoid the waste of resources and the escalation in the cost of
housing and other development to the consumer; provide assurance to the applicants for
development projects that they may proceed with their projects in accordance with existing
policies, rules and regulations and subject to conditions of approval, in order to strengthen the
public planning process and encourage private participation in comprehensive planning and
reduce the private and public economic costs of development; and provide for economic
assistance to Owner for the entitlements authorizing development related improvements.
D. On December 3, 2003, the Planning Commission held a duly noticed public
hearing on the Negative Declaration regarding the Development Agreement and the proposed
Development Agreement, at which time all persons interested in the Negative Declaration and
the proposed Development Agreement had the opportunity to and did address the Planning
Commission on these matters. Following consideration of the entire record of information
received at the public hearing and due consideration of the proposed Development Agreement,
the Planning Commission adopted PC Resolution No. 2003-062 recommending that the City
Council adopt the Negative Declaration for the Development Agreement and approve the
proposed Development Agreement.
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E. On December 16, 2003, the City Council held a duly noticed public hearing
on the Negative Declaration regarding the Development Agreement and the proposed
Development Agreement, at which time all persons interested in the Negative Declaration and
the proposed Development Agreement had the opportunity to and did address the City Council
on these matters.
Section 2. Environmental Findinqs. The City Council hereby makes the following
environmental findings and determinations in connection with the approval of the Development
Agreement (the "Project"):
A. Pursuant to California Environmental Quality Act ("CEQA") and the City's
local CEQA Guidelines, City staff prepared an Initial Study of the potential environmental effects
of the approval of the Development Agreement (the "Project"). Based upon the findings
contained in that Study, City staff determined that there was no substantial evidence that the
Project could have a significant effect on the environment and a Negative Declaration was
prepared.
B. Thereafter, City staff provided public notice of the public comment period and
of the intent to adopt the Negative Declaration as required by law. The public comment period
commenced on November 20, 2003 and expired on December 16, 2003. Copies of the
documents have been available for public review and inspection at the offices of the Department
of Community Development, located at City Hall, 43200 Business Park Drive, Temecula,
California 92589.
C. The City Council has reviewed the Negative Declaration and all comments
received regarding the Negative Declaration prior to and at the December 16, 2003 public
hearing, and based on the whole record before it, finds that: (1) the Negative Declaration was
prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will
have a significant effect on the environment; and (3) the Negative Declaration reflects the
independent judgment and analysis of the City Council.
Section 3. Based on the findings set forth in this Resolution, the City Council hereby
adopts the Negative Declaration prepared for the Project.
Section 4. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Resolution.
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PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula
this 16th day of December, 2003.
ATTEST:
[SEAL]
~~{~ rff'~ E. Stone, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, California, do hereby certify
that Resolution No. 03-187 was duly and regularly adopted by the C ty Council of the City of
Temecula at a regular meeting thereof held on the 16th day of December, 2003, by the following
vote:
AYES: 4
NOES: 0
COUNCILMEMBERS: Comerchero, Naggar, Roberts, Washington
COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Stone
ABSTAIN: 0 COUNClLMEMBERS: None
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