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HomeMy WebLinkAbout08_054 PC Resolution PC RESOLUTION NO. 08-54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING A REVISION TO THE CONDITIONS OF APPROVAL FOR TEMECULA LANE REVISING CONDITION OF APPROVAL NO. 11 FOR PA04-0490, VESTING TENTATIVE MAP (RESOLUTION 06-06) AND CONDITION OF APPROVAL NO. 18 FOR PA04-0491 AND PA04-0492, CONDITIONAL USE PERMIT AND DEVELOPMENT PLAN, TO PROVIDE ELEVEN (11) VERY LOW INCOME HOUSING UNITS INSTEAD OF 86 MODERATE INCOME HOUSING UNITS AT THE TEMECULA LANE PROJECT LOCATED AT THE NORTHEAST CORNER OF LOMA LINDA ROAD AND TEMECULA LANE Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On March 21, 2006 the City Council approved Planning Application Nos. PA04-0490, Vesting Tentative Map, PA04-0491, Conditional Use Permit, and PA04- 0492, Development Plan, for Temecula Lane. B. On November 1, 2008, DR Horton, filed a request to modify the project Conditions of approval. C. The request was processed in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the request on December 17, 2008, as a Current Business Item. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Condition of Approval 11 for Planning Application No. PA04-0491 and Condition of Approval No. 18 for Planning Application Nos. PA04-091 and PA04- 092 (from Planning Commission Resolution No. 06-06) are hereby amended in full to read as follows: "In order to comply with the affordable housing requirements for developing residential units in the Professional Office Zone, the Owner shall, without economic or other contribution by the City, convey eleven (11) units of the two bedroom homes in the four-plex component to the City for rental or sale of the units to "lower income households" within the meaning of Health and Safety Code Section 50079.5. The Owner shall convey such units to the City free and clear of all monetary liens and such other encumbrances that are incompatible with use of the units for housing affordable for lower income households. The City shall accept such units and may convey such units to an affordable housing developer so long as such affordable housing developer makes the units available for sale or rent to lower income households. The units to be conveyed are designated as units 1, 8, 9, 16, 221, 225, 228, 229, 232, 233, and 236. The Owner and City shall enter into an agreement with escrow instructions for the conveyance of said units to the City or its nominee as approved by the City Council. No building permit or Certificate of Occupancy for the remaining 75 units, the balance of the original 86 affordable units shall be issued by the City unless and until the City and Developer have entered into an enforceable agreement for the conveyance of said units." Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 17th day of December 2008. 1J John Telesio, Chairman ATTEST: Debbie Ub'wke, Secretary ISEAL) T STATE OF CALIFORNIA ) 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. 08-54 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17th day of December 2008, 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 Debbie Ubnoske, Secretary