HomeMy WebLinkAbout98-066 CC ResolutionRESOLUTION NO. 98-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED "PUBLIC FACILITIES DEVELOPMENT
IMPACT FEE REDUCTION AGREEMENT" BETWEEN THE
CITY OF TEMECULA AND CAL-PASEO DEL SOL, LLC
THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. The City Council 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 of Paloma del Sol within
Specific Plan 219 and located westerly 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;
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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, 1988, and again for the approval of the original development agreement in November 7, 1988,
the approval of the restated and amended Development Agreement in Janaury 12, 1993 and for
the amendment of Specific Plan No. 219 on January 13, 1998. None of the conditions described
in 14 Cal. 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 City Clerk shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
on July 14, 1998.
Ron Roberts, Mayor
ATTEST:
· Jones, ~MC
Eity..17_erk ~
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that the
Resolution No. 98-66 was duly and regularly adopted by the City Council of the City of Temecula
at a regular meeting thereof, held on the 14th day of July, 1998, by the following vote, to wit:
AYES: 5
COUNCILMEMBERS: Comerchero, Ford, Lindemans, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSTAIN: 0
COUNCILMEMBERS: None
· Jones,
Ci'ty-C~erk
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