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HomeMy WebLinkAbout05_030 PC Resolution PC RESOLUTION NO. 2005-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE AN ORDINANCE ENTITLED "AN ORDINANCE OF' THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND AGK GROUP, LLC" ESTABLISHING CERTAIN DEVELOPMENT RIGHTS FOR THE TEMECULA EDUCATION CENTER (PA04-0582 AND PA05-0070)". WHEREAS, Gary Wiggle, representing AGK Group, LLC, filed Planning Application No. PA05-0112, Development Agreement; PA04-0582, Zone Change and Development Plan; and PA05-0070, Tentative Parcel Map, which applications are hereby incorporated by reference, for the property consisting of approximately 40.0 acres, generally located at the northwest corner of Diaz Road and Dendy Parkway, known as Assessor Parcel No. 909-370-002 ("Project"); and WHEREAS, the Application was processed including, but not limited to public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act; and, WHEREAS, the Planning Commission considered the Application on May 4, 2005, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; and WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Project subject to and based upon the findings set forth hereunder; WHEREAS, The Planning Commission adopted Resolution No. 2005-30, recommending that the City Council approve a Development Agreement; WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended that the City Council approve the Project after finding that the proposed project conforms to the General Plan; WHEREAS, all legal preconditions to the adoption of this Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Findinqs. The Planning Commission, in recommending approval of Planning Application No. PA05-0112 (Development Agreement) hereby makes the following findings: A. The Development Agreement and the project, as defined in the Development Agreement, implement the goals and pOlicies of the City's General Plan, provide balanced and diversified land uses, and impose appropriate standards and requirements with respect to land development and usage in order to maintain the overall quality of life and the environment within the City. R:\D P\2004\04-0582 Temecula Education Complex\Development Agreement\Draft PC DA Reso.doc I B. The City has engaged in studies and review of the potential impacts of the Project as well as the various potential benefits to the City by the development of the Project and concluded that the Project is in the best interests of and is not detrimental to the health, safety and general welfare of the City. C. The Development Agreement is consistent with the City's General Plan, and each Element thereof. D. The Development Agreement is being entered into pursuant to and in compliance with the requirements of Government Code Section 65867 Section 2. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 05-_, approving the Development Agreement for the Temecula Education Center in the form attached in Council Ordinance Exhibit A. Section 3. PASSED, APPROVED AND ADOPTED Planning Commission this 4th day of May 2005. ATTEST: ~L.' ~YZ- Debbie Ubnoske, Secretary [SEAL] " . . f ~ I STATfoF CALIFORNIA.: ) COUNTY OF RIVER?ID~. ) ss CITY OF TEMECULA_'" ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2005-30 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 4th day of May 2005, by the following vote of the Commission: AYES: 5 PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Mathewson, Olhasso, Telesio NOES: 0 PLANNING COMMISSIONERS: ABSENT: 0 PLANNING COMMISSIONERS: ABSTAIN: 0 PLANNING COMMISSIONERS: ~-.:' #1>~94- Debbie Ubnoske, Secretary R\D P\2004\04-0582 Temecula Education Complex\Development Agreement\Draft PC DA Reso.doc 2