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HomeMy WebLinkAbout99_036 PC ResolutionPC RESOLUTION NO. 99-036 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL BY THE CITY COUNCIL OF A DEVELOPMENT AGREEMENT, PLANNING APPLICATION NO. PA99-0238, BETWEEN THE CITY OF TEMECULA AND HIRAM-HILL, LLC FOR TENTATIVE TRACT NO. 29036 (PARCELS 1-4 OF PARCEL MAP NO. 13784 AND A PORTION OF LOTS 16-20 AND 26-28 OF TRACT MAP NO. 20882-3), LOCATED ON THE SOUTH SIDE VIA LA VIDA BETWEEN MARGARITA ROAD AND SOLANA WAY THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the Planning Commission of the City of Temecula has received an application from Hiram-Hill, LLC for Planning Application No. PA99-0238 (Development Agreement); and, WHEREAS, the Planning Commission was scheduled to hold a noticed public hearing on September 15, 1999, on the issue of recommending approval or denial PA99-0238 (Development Agreement); and, WHEREAS, the Planning Commission, due to a Pack of a quorum, continued Planning Applications No. PA99-0238 (Development Agreement) to a special Planning Commission Hearing on September 29, 1999; WHEREAS, the Planning Commission considered Planning Application No. PA99-0238 (Development Agreement) on September 29, 1999, at which time the City staff and interested persons had an opportunity to, and did testif7 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 to the City Council that they approve Planning Application No. PA99-0238 (Development Agreement). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES FIND AS FOLLOWS: Section 1. That the Planning Commission recommends that the City Council adopt and approve the Ordinance approving the Development Agreement, Exhibit A, attached hereto and incorporated herein by this reference and incorporated herein by this reference as set fodh in full herein. Section 2. That in recommending adoption by the City Council of an Ordinance approving the Development Agreement, the Planning Commission hereby makes the following findings: 1. The Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the City of Temecula's General Plan in that the Development Agreement makes reasonable provision for the use of certain real property for residential development and is consistent with the General Plan Land Use Designation of Low- Medium Density Residential; and, R:\STAFFRPT~447pa98.PC 9-29.doc 2. The project subject to the Development Agreement is compatible with the uses authorized in, and the regulations proscribed for, the Specific Plan Zone district in which the Properly 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; and, 3. 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; and, 4. The Development Agreement will not be detrimental to the health, safety, or general welfare Decause it provides adequate assurances for the protection thereof; and, 5. Notice of the public hearing before the Planning Commission was published in a newspaper of general circulation at least ten (10) days before the Planning Commission public hearing, and mailed or delivered at least ten (10) days prior to the hearing to the project applicant and to each agency expected to provide water, sewer, schools, police protection, and fire protection, and to all property owners within six hundred feet (600') of the property as shown on the latest equalized assessment roll; and, 6. Notice of the public hearing before the Planning Commission included the date, time, and place of the public hearing, the identity of the hearing body, a general explanation of the matter to be considered, a general description and text or diagram of the location of the real property that is the subject of the headng, and of the need to exhaust administrative remedies; and, 7. The Development Agreement complies with the goals and objectives of the Circulation Element of the General Plan and the traffic impacts of the development over the period of the Development Agreement will be substantially mitigated by the mitigation measures and conditions of approval imposed; and, 8. The Development Agreement complies with requirements of the zoning district in which the applicant proposes to develop in that the Low-Medium Density Residential is consistent with the Low-Medium Residential General Plan Land Use Designation; and, 9. The benefits that will accrue to the people of the City of Temecula from this legislation and this Development Agreement are as follows: City and Owner acknowledge that development of the Project will result in the 1. Generation of municipal revenue; 2. Construction of public infrastructure facilities; 3. Acceleration of both the timely development of subject property as well as the payment of municipal revenue; 4. Enhancement of quality of life for surrounding residents with the timely development through the elimination of dust and nuisance of partially improved lots; 5. Payment of Public Facility Fees (fire, library, traffic signal mitigation, development and RSA); and, R:~STAFFR PT~447pa98.PC 9-29.doc 7 Section 3. The Secretary of the Planning Commission shall cause this Resolution to be transmitted to the City Council for further proceedings in accordance with State law. Section 4. PASSED, APPROVED AND ADOPTED thi~29th day of September, 1999. Ro~i Guerri~ro, Chairperson I HEREBY CERTIFY that the fore~oin~ ~,o~ution wa, dul~ adopted by th~ ~lannin~ Gommi,~ion of th~ Ci~ o[ l~m~cula at a m~ular m~tin~ thereof, h~ld on th~ 20* day of 8~pt~m~r, ~ 0~ by th~ followin~ vot~ of th~ Commission: AYES: 4 P~NNING COMMISSIONERS: FAHEY, GUERRIERO, ~THEWSON, WEBSTER NOES: 0 P~NNING COMMISSIONERS: NONE ABSENT I P~NNING COMMISSIONERS: NAGGAR ~ebbie Ubnoske, Se~eta~ F:~DEPTS~P LAN NING~staffrpt~A47pa98. PC 9-29.doc