HomeMy WebLinkAbout99_045 PC ResolutionPC RESOLUTION NO. 99-045
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TEMECULA RECOMMENDING APPROVAL BY THE CITY
COUNCIL OF A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF TEMECULA AND PALA RAINBOW, I. LC FOR PROPERTY
LOCATED NEAR THE INTERSECTION OF HIGHWAY 79-SOUTH
AND PALA ROAD (PLANNING APPLICATION NO. PA99-0273)
THE PLANNING COMMISSION OF THE CiTY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, to resolve potential litigation resulting from the City's acquisition of property
through eminent domain, the City of Temecula and the property owner, Pala Rainbow, LLC have
agreed to enter into a development agreement; and
WHEREAS, in accordance with the procedure specified in City Resolution 91-52 and the
Development Code, the City of Temecula has initiated said Development Agreement with Paia
Rainbow, LLC; Planning Application No. PA99-0273, (hereinafter "Development Agreement"); and,
WHEREAS, the Planning Commission and City Council of said City have each previously
conducted public hearings on September 15, 1999 (Planning Commission), and October 19, 1999
(City Council) on this matter; and,
WHEREAS, the City Council directed that last minute changes to the Agreement be returned
to the Planning Commission for their review and recommendation; and
WHEREAS, the Planning Commission held a noticed public hearing on November 3, 1999,
on the issue of recommending approval or denial of the 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 the
Ordinance approving the Development Agreement substantially in the form contained in Attachment
"A" and attached hereto and incorporated herein by this reference,
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:
(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
commercial and office development and is consistent with the General Plan Land Use Designations
of Highway Tourist Commercial and Office Professional; and,
(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 over the period
of the Development Agreement will be substantially mitigated by the mitigation measures and
conditions of approval imposed; and,
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(c) The project subject to the Development Agreement is compatible with the
uses authorized in, and the regulations prescribed for the zoning distdct 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; and,
(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; and,
(e) The Development Agreement will not be detrimental to the health, safety, or
general welfare because it provides adequate assurances for the protection thereof; and,
(f) 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 pdor to the hearing to the project applicant
and to each agency expected to provide water, sewer, and police 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,
(g) Notice of the public headng 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 hearing, and of the need to exhaust administrative remedies; and,
(h) The benefits that will accrue to the people of the City of Temecula from this
legislation and this Development Agreement ara the mutually agreeable resolution of eminent
domain issues that could have otherwise resulted in litigation.
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 this 3'~ day of November, 1999.
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! HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning
Commission of the City of Temecula at a regular meeting thereof, held on the 3~ day of November,
1999 by the following vote of the Commission:
AYES: 4
NOES: 0
ABSENT: 1
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
PLANNING COMMISSIONERS:
FAHEY, MATHEWSON, NAGGAR,
WEBSTER
NONE
GUERRIERO
Debbie Ubnoske, Secretary
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