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HomeMy WebLinkAbout06_015 PC Resolution PC RESOLUTION NO. 06-15 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 AN AMENDMENT TO SECTION 4.1.6 OF THE RORIPAUGH RANCH DEVELOPMENT AGREEMENT PERTAINING TO IMPROVEMENTS AND BUILDING PERMIT ISSUANCE THRESHOLDS RELATIVE TO THE CONSTRUCTION OF THE FIRE STATION IN TRACT 29353," LOCATED IN THE RORIPAUGH RANCH SPECIFIC PLAN AREA, NEAR THE FUTURE INTERSECTIONS OF NICHOLAS ROAD AND BUTTERFIELD STAGE ROAD, AND MURRIETA HOT SPRINGS ROAD AND BUTTERFIELD STAGE ROAD (PLANNING APPLICATION PA05-0404)" WHEREAS, the City Council of the City of Temecula adopted the Roripaugh Ranch Specific Plan on November 26, 2002; WHEREAS, the City and Ashby USA, LLC entered into a Development Agreement, dated December 17, 2002, and recorded on January 9, 2003 with respect to the Property. On October 21, 2004, the City and Developer entered into that certain "First Operating Memorandum" to clarify certain terms of the Developmel)t Agreement; WHEREAS, Ashby USA LLC, filed Planning Application No. PA05-0404, Development Agreement Amendment for the property consisting of approximately 805 acres generally located near the future intersections of Nicholas Road and Butterfield Stage Road, and Murrieta Hot Springs Road and Butterfield Stage Road, generally known as the Roripaugh Ranch Specific Plan No. 11 ("Project"); WHEREAS, the Planning Commission held a duly noticed public hearing on February 1 , 2006, and recommended that the City Council approve the attached amendment to the Roripaugh Ranch Development Agreement; WHEREAS, this Resolution complies with all the applicable requirements of State law and local law, including local ordinances and the California Environmental Quality Act and; WHEREAS, the Planning Commission, at a regular meeting, considered the Application on February 1, 2006 to consider the application for the Project and environmental review, 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; WHEREAS, at the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended the City Council approve the Application subject to and based upon the findings set forth hereunder; WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, local newspaper, and the project site; O;\Planningl2005\PA05-0404 Roripaugh Ranch DAlP1anninglTem PC Reso Roripaugh DA Ameodmeot.DOC . 1 c WHEREAS, the Planning Commission adopted Resolution No. 06-15 recommending the City Council approve a Development Agreement Amendment; WHEREAS, at the conclusion of the Planning Commission hearing and after due consideration of the testimony, the Planning Commission recommended the City Council approve the Application, and file a Notice of Determination; WHEREAS, all legal preconditions to the adoption of tnis Resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Recitals. That the above recitals are true and correct and are hereby incorporated by reference. Section 2. Findinas. The Planning Commission, in approving Planning Application No. PA05-0404 hereby finds that the development agreement amendment, is consistent with the goals and policies of the approved Roripaugh Ranch Specific Plan and Development Agreement, and the proposed development agreement amendment would further the City's long-term economic development goals. Section 3. Environmental Comoliance. On November 26, 2002, the City Council adopted Resolution No. 02-111 certifying the Environmental Impact Report for the Roripaugh Ranch Specific Plan and Related Planning Applications, including the Development Agreement ("EIR"). The Planning Commission finds, based on the administrative record, that the EIR properly addressed all of the environmental issues encompassed within the First Amendment to the Development Agreement and that: (1) there have been no substantial changes in the Project which require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) no substantial changes have occurred with respect to the circumstances under which the Project has been undertaken which require major revisions of the EIH due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and (3) no new information of substantial importance exists, which was not know or could not have been known with the exercise of reasonable diligence at the time of the certification of the EIR which shows the Project would have one or more significant effects or a more severe significant impact not discussed in the EIR or that mitigation measures or alternatives not found feasible would in fact be feasible or that other mitigation measures or alternatives would substantially reduce one or more of the significant effects. Therefore, neither a subsequent nor a supplemental EIR is required and the Planning Commission recammends that a Notice of Determination (Determination of Consistency) for which an Environmental Impact Report was previously adopted (Sec. 15162 - Subsequent EIRs and Negative Declarations) be filed. Section 4. Recommendation_ The Planning Commission of the City of Temecula hereby recommends that the City Council adopt Ordinance 06-_ amending the Roripaugh Ranch Development Agreement per Exhibit "A" attached hereto. G:\Planning\2005\PAOS-0404 Roripaugb Ranch DA \Planning\Tem PC Reso Roripaugh DA Amendment.DOC 2 PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission .this 1 st day of February 2006. 4-4,. ~ ~- Ron Guerriero, Chairman ATTEST: ~<-' ~~ Debbie Ubnoske, Secretary ~~ .~. [SEAL] " - .,~ ,~-..: '. ,~ ~ STATE OF CALIFORNIA ) COUNTY OF RIVERSiDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Teniecula Planning Commission, do hereby certify that the PC Resolution No. 06-15 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 1st day of February 2006, by the following vote of the Commission: AYES: PLANNING COMMISSIONERS: Chiniaeff, Guerriero, Harter, Mathewson, T elesio NOES: ABSENT: ABSTAIN: PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None PLANNING COMMISSIONERS: None ~~ ~6~R- Debbie Ubnoske, Secretary O;\PlanoingI2005\PA05-0404 Roripaugh Ranch DA\PIanninglTem PC Reso Roripaugh DA AmendmeolDOC 3