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PC10-034RESOLUTION NO. PC10-034 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MENIFEE RECOMMENDING TO THE MENIFEE CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2009-149 AND FINDING IT IS CONSISTENT WITH THE GENERAL PLAN Whereas, on October 15, 2009, KB HOME Coastal Inc. applied to the City of Menifee for the approval of a development agreement for its Hidden Hills project, (Tract Map 30142) which now consists of 511 single-family homes, an improved park containing approximately 5.3 acres, 10 open space/regional trail/paseo lots, 3 storm drain flood control lots and accompanying infrastructure and other improvements (the "Project") on approximately 116.2 gross acres within the City; and Whereas, the development agreement provides for dedication of approximately 20 acres of property to the City for public purposes in exchange for certain vested development rights such a freeze on development fees and zoning changes; and, Whereas, on February 9, 2010, the Planning Commission held a duly noticed public hearing in order to make a recommendation to the City Council on whether the development agreement is consistent with the general plan and in compliance with other applicable laws, considered public testimony and materials in the staff report and accompanying documents, which hearing was publicly noticed by a publication in the newspaper of general circulation, an agenda posting, and notice to property owners within 300 feet of the project site boundaries; and Whereas, the Riverside County Planning Commission separately considered EIR No. 445 and adopted Resolution 2004-408. Whereas, at the February 9, 2010 Planning Commission public hearing, the Commission found that: The proposed development agreement is consistent with the Specific Plan, General Plan Land Use Map and applicable General Plan objectives, policies, and programs; 2. The property involved in the proposed development agreement is designated Community Development: Medium Density Residential (CD: MDR) (2-5 dwelling units per acre). The property is not within a Specific Plan. 3. The proposed development agreement fulfills the following General Plan Policies: a. Land Use Policy 8.3 (LU 8.3): "Incorporate open space, community greenbelt separators, and recreational amenities into Community Development areas in order to enhance recreational opportunities and community aesthetics and improve quality of life." b. Land Use Policy 19.2 (LU 19.2): "Provide for a balanced distribution of recreational amenities in Open Space, Rural and Community Development General Plan land uses." Land Use Policy 19.3 (LU 19.3): "Require that park facilities be accessible to the community, regardless of age, physical limitation or income level." Resolution PC10-034 Development Agreement 2009-149 d. Land Use Policy 22.5 (LU 22.5): "Integrate a continuous network of parks, plazas, public squares, bicycle trails, transit systems, and pedestrian paths to provide both connections within each community and linkages with surrounding features and communities. e. Land Use Policy 22.8 (LU 22.8): "establish activity centers within or near residential neighborhoods that contain services such as child or adult - care, recreation, public meeting rooms, convenience commercial uses or similar facilities." Open Space 20.4 (OS 20.4): "Provide for the needs of all people in the system of County recreation sites and facilities, regardless of their socioeconomic status, ethnicity, physical capabilities or age." g. Open Space 20.5 (OS 20.5): "Require that development of recreation facilities occurs concurrently with other development in the area." h. Open Space 20.6 (OS 20.6): "Require new development to provide implementation strategies for the funding of both active and passive parks and recreational sites." Circulation 16.3 (C 16.3): "Require that trail alignments either provide access to or link scenic corridors, schools, parks and other natural areas. Circulation 18.1 Acquisition (C 18.1): "a. Promote public/private partnerships for trail acquisitions." 4. The proposed development agreement is compatible with the uses authorized in and the regulations prescribed for the zoning district in which the real property is or will be located. 5. The zoning of the property involved in the proposed development agreement is Residential Agricultural — One Acre Minimum (R-A-1). The zoning designation allows for public parks and public playgrounds with approval of a plot plan application. The purpose of the development agreement is for the City to acquire approximately 20 acres of property for a future park. The park use would be consistent with the allowed uses of the Residential Agricultural zone. 6. Surrounding zoning includes Residential Agricultural to the north and east and One -Family Dwellings (R-1), Planned Residential (R-4) and Open Space Combining Zone Residential Developments (R-5). The proposed development agreement to acquire land to be used for a park would provide a use in the area that is compatible with the surrounding zoning. 7. The proposed development agreement is in conformity with and will promote public convenience, general welfare and good land use practice. 8. As identified in the previous findings, the development agreement is consistent with General Plan land use policies to provide recreational amenities to the community. The addition of a park to this community will provide a convenience FA Resolution PC10-034 Development Agreement 2009-149 to the surrounding residents and Paloma Valley High School, promote the general welfare of the community by providing an asset to the area and the addition of parks in residential areas is good land use practice. 9. The proposed development agreement will not be detrimental to the health, safety and general welfare within the City. 10. The proposed development agreement will not adversely affect the orderly development of the property or the preservation of property values. 11. The addition of a recreational facility or park within this community may increase property values within the surrounding area. 12. The proposed development agreement will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty for the developer. NOW, THEREFORE, the Planning Commission of the City of Menifee recommends to the City Council as follows: 1. The Findings set out above are true and correct. 2. The Development Agreement is consistent with the general plan and in compliance with other applicable laws. PASSED, APPROVED AND ADOPTED this 9th day of February 9, 2010, by the following vote: AYES: nc k NOES: `�UL b7>/ ABSENT:j;�� ABSTAIN: -no P-Q— Attest: k�14Uz r Kathy Bennett, City Clerk & Planning Commission Secretary Approved as to form: Vn-cf. 72%Gi c cp J Elizabelth L. Martyn, City Attorney 3