HomeMy WebLinkAbout07_034 PC Resolution
PC RESOLUTION NO. 07-34
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 PLANNING APPLICATION
NO. PA07-0220, A DEVELOPMENT AGREEMENT
BETWEEN TEMECULA PROPERTIES, LLC, PHS, AND
THE CITY OF TEMECULA TO AUTHORIZE THE
DEVELOPMENT OF AN APPROXIMATE 84 ACRE SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER
OF WINCHESTER ROAD AND DENDY PARKWAY IN THE
CITY OF TEMECULA (APN 909-370-018 AND 909-370-
032)
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On September 5, 2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220.
B. The Agreement was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
application and environmental review on September 5, 2007, 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 in opposition to this matter.
D. At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder.
E. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The Planning Commission, in recommending that
the City Council approve the application hereby finds, determines and declares that:
To recommend approval of the Development Agreement, the following findings
must be made:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that
the Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\PC\Final PC Reso DA.docl
B. The Development Agreement complies with the goals and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning 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.
D. 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.
E. The Development Agreement will not be detrimental to the health, safety,
or general welfare of the community because it provides adequate assurances for the
protection thereof.
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer and could bring additional employment opportunities to local residents.
G. The potentially significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Environmental Comoliance. The Planning Commission hereby
makes the following environmental findings and determinations in connection with the
approval recommendation of the Development Agreement (PA07-0220):
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
Development Agreement as described in the Initial Study ("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
Mitigated Negative Declaration was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall, 43200 Business Park
Drive, Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\PC\Final PC Reso DA.doc2
D. The Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the date public hearing, and based on the whole record before it finds
that: (1) the Mitigated 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 Mitigated Negative Declaration reflects the independent
judgment and analysis of the Planning Commission.
E. Based on the findings set forth in this Resolution, the Planning
Commission hereby recommends that the City Council adopt the Mitigated Negative
Declaration prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula recommends that the City Council adopt the ordinance, as set forth in Exhibit
"A", in approving Planning Application No. PA07-0220, a Development Agreement
between Temecula Properties, LLC, PHS, and the City of Temecula to authorize the
development of an approximate 84-acre site.
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\PC\Final PC Reso DA.doc3
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 5th day of September 2007.
\f.. 'A. J~iCe Chairman
ATTEST:
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Debbie Ubnoske, Secretary
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,
[SEAL]
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STATE OF CALlfrORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby
certify that the forgoing PC Resolution No. 07-34 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 5th
/ day of September 2007, by the following vote:
AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~~/-". W~)L
Debbie Ubnoske, Secretary
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\PC\Final PC Resn DA.doc4
EXHIBIT A
DRAFT CITY COUNCIL RESOLUTION 07-_
G:\Planning\2007\PA07-0220 PHS Development Agreement\Planning\DRAFT PC Reso DA.doc
5
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA07-Q220, A DEVELOPMENT AGREEMENT
BETWEEN TEMECULA PROPERTIES, LLC AND THE
CITY OF TEMECULA TO AUTHORIZE THE
DEVELOPMENT OF AN APPROXIMATE 84-ACRE SITE
GENERALLY LOCATED AT THE NORTHWEST CORNER
OF WINCHESTER ROAD AND DENDY PARKWAY IN THE
CITY OF TEMECULA (APN 909-370-018 AND 909-370-
032)
THE CITY COUNCil OF THE CITY OF TEMECUlA DOES HEREBY RESOLVE
AS FOllOWS:
Section 1. Procedural Findinas. The City Council of the City of Temecula
finds and determines that:
A. On September 5,2007, the Planning Commission recommended that the
City Council approve Planning Application No. PA07-0220. .
B. The Amendment was processed including, but not limited to a public
notice, in the time and manner prescribed by State and local law.
C. The Planning Commission, at a regular meeting, considered the
Application and environmental review on September 5, 2007, 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 in opposition to this matter.
D. . At the conclusion of the Commission hearing and after due consideration
of the testimony, the Commission recommended that the City Council approve Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder.
E. On
on this Resolution.
2007, the City Council held a duly noticed public hearing
F. At the conclusion of the City Council hearing and after due consideration
of the testimony, the City Council adopted a Mitigated Negative Declaration for the
project and approved the recommended Development Agreement under Planning
Application No. PA07-0220 subject to and based upon the findings set forth hereunder
and the attached Exhibit A.
G. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findinas. The City Council, in approving the Development
Agreement hereby finds, determines and declares that:
To recommend approval of the Development Agreement, the following findings
must be made:
A. The Development Agreement is consistent with the objectives, policies,
general land uses, and programs specified in the City of Temecula General Plan in that
the Development Agreement makes reasonable provision for the use of certain real
property for industrial, commercial and residential development.
B. The Development Agreement complies with the goats and objectives of
the Circulation Element of the General Plan, and the traffic impacts of the development
will be less than significant or substantially mitigated by the mitigation measures and
Conditions of Approval imposed.
C. The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning 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.
D. 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.
E. The Development Agreement will not be detrimental to the health, safety,
or general welfare of the community because it provides adequate assurances for the
protection thereof.
F. The benefits that will accrue to the people of the City of Temecula from
this legislation and this Development Agreement are expansion of an important local
employer that could bring additional employment opportunities to local residents.
G. The potential significant impacts to the environment from the project will
be mitigated to a less than significant level based upon the identified mitigation
measures.
Section 3. Environmental Findinas. The City Council hereby makes the
following environmental findings and determinations in connection with the
recommended approval of the proposed General Plan Amendment:
A. Pursuant to California Environmental Quality Act ("CEQA"), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment as described in the Initial Study ("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
Mitigated Negative was prepared.
B. Thereafter, City staff provided public notice of the public comment period
and of the intent to adopt the Mitigated Negative Declaration as required by law. The
public comment period commenced on August 4, 2007, and expired on September 3,
2007. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, City Hall, 43200 Business Park Drive,
Temecula, California 92590.
C. Three written comments were received prior to the public hearing and a
response to all the comments made therein was prepared, submitted to the Planning
Commission and incorporated into the administrative record of the proceedings.
D. The City Council reviewed the Mitigated Negative Declaration and all
comments received regarding the Mitigated Negative Declaration prior to and at the
2007 City Council meeting and based on the whole record before it
finds that: (1) the Mitigated 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 Mitigated Negative Declaration reflects the independent
judgment and analysis of the City Council.
E. Based on the findings set forth in this Resolution, the City Council adopts
the Mitigated Negative Declaration prepared for this project.
F.
Effective Date. This Resolution shall become effective on
2007.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
Chuck Washington, Mayor
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Resolution No. . was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of , by the
following vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk