HomeMy WebLinkAbout11-057 PC Resolution PC RESOLUTION NO. 11-57
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. PA10-0148, AN AMENDMENT TO THE GENERAL
PLAN TO CHANGE THE LAND USE PLAN MAP FROM
VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L)
DENSITY RESIDENTIAL" (APNS 957-170-032 THROUGH
-036)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos PA10-
0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147;
Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in
accord with the City of Temecula General Plan and Development Code.
B. On November 16, 2011, the Planning Commission recommended
approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-
0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148,
General Plan Amendment.
C. The Application was processed including, but not limited to a public notice,
in the time and manner prescribed by State and local law.
;., .
D. The Planning Commission, at a regular meeting, considered the
Application and environmental review on November 16, 2011, 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.
E. At the conclusion of �the Commission hearing and after due consideration
of the testimony, the Planning Commission recommended that the City Council approve
Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home
Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan
Amendment with a Mitigated Negative Declaration and Mitigation Monitoring Program
subject to and based upon the findings set forth thereunder.
F. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Further Findings. The Planning Commission, in recommending
approval of the Application hereby finds, determines and declares that: General Plan
Amendment Application No. PA10-0148 is in conformance with the General Plan for
Temecula and with all applicable requirements of State law and other Ordinances of the
' City:
A. The proposed amendment is consistent with the direction, goals and
policies of the adopted General Plan;
This application is accompanied by a Tentative Tract Map 36295, Home Product
Review Application and Zone Change to a PDO. The General Plan Amendment
and Zone Change to a PDO establish the density and design framework for the
proposed cluster subdivision development. The proposed design preserves
approximately 13 acres of the 25 gross acre site in permanently preserved open
space, thereby promoting the goals of the Genera/ Plan to preserve habitat and
provide additional trails and active parkland. The project design is consistent
with the General Plan and all applicable requirements of State law and other
Ordinances of the City.
B. The proposed amendment will not have an impact on the character of the
surrounding area;
The proposed General Plan Amendmenf will not have an impact on the character
of the surrounding area because it has been designed as a conservation/cluster
development to provide a transition between high and low density development
within the rural Nicolas Valley. The proposed development will preserve
approximately 13 acres of the 25 gross acre site, and provide additional trails and
preserve habitat. In addition, the General Plan Amendment is accompanied by a
Home Product Review Application that has been reviewed and conditioned to
provide homes of a high quality design via appropriate massing, roofline
variation, high quality and varied materials, and floor plan square footage
consistent with existing development in the surrounding area.
Section 3. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the Specific Plan Amendment Application, PA10-0148:
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 and associated applications, 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.
6. � 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 8, 2011, and expired on September 7,
2011. Copies of the documents have been available for public review and inspection at
the offices of the Department of Planning, located at City Hall 41000 Main Street,
Temecula, California 92589.
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 Planning Commission has reviewed the Mitigated Negative
Declaration and all comments received regarding the Mitigated Negative Declaration
prior to and at the November 16, 2011 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 the Resolution, the Planning
Commission hereby recommends adoption of the Mitigated Negative Declaration
prepared for this project.
Section 4. Recommendation. The Planning Commission of the City of
Temecula hereby recommends that the City Council approve Planning Application No.
PA10-0148, General Plan Amendment.
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 16 day of November, 2011.
�� ��
Pat Kight, Chairman
ATTEST:
Patrick Richardson, Secretary
[SEAL� ; ��_<
� �..-� - _, �_,
�- � -
- r"� , .
STATE O�, CALIFORNIA )
"COUNTY OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Patrick Richardson, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 11-57 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 16�' day of November, 2011, by the following vote:
AYES: 3 PLANNING COMMISSIONERS: Carey, Harter, Telesio
NOES: 0 PLANNING COMMISSIONERS None
ABSENT: 2 PLANNING COMMISSIONERS Guerriero, Kight
ABSTAIN: 0 PLANNING COMMISSIONERS None
Patrick Richardson, Secretary
EXHIBIT A
CC ORDINANCE
ORDINANCE NO. 11-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECIJLA APPROVING PLANNING APPLICATION
NO. PA10-0148, AN AMENDMENT TO THE GENERAL
� PLAN TO CHANGE THE LAND USE PLAN MAP FROM
VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) .
DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH -
036)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that: .
A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10-
0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147,
Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in
accord with the City of Temecula General Plan and Development Code.
B. On November 16, 2011, the Planning Commission recommended
approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-
0146 Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148,
General Plan Amendment.
C. The Project was processed including, but not limited to a public notice, in
the time and manner prescribed by State and local law, including the California
Environmental Quality Act.
D. A Mitigated Negative Declaration was prepared for the Project in
accordance with the California Environmental Quality Act and the California
Environmental Quality Act Guidelines (`'CEQA'') and circulated for public review from
August 8, 2011 through September 7, 2011 for a 30-day public review. Copies of the
documents have been available for public review and inspection at the offices of the
L . Department of Planning, located at City Hall 41000 Main Street, Temecula, California
92589.
E. On November 16, 2011, at a duly noticed public hearing as prescribed by
law, the Planning Commission considered the Project and any comments received prior
to or at the public hearing on November 16, 2011, at which time the City staff presented
its report, and interested persons had an opportunity to and did testify either in support
or in opposition to the Project and the Mitigated Negative Declaration.
F. Following consideration of the entire record before it at the public hearing
and due considerafion of the proposed Project the Planning Commission recommended .
that the City Council adopt the Mitigated Negative Declaration prepared for the Project.
G. At the conclusion of the Planning Commission hearing and after due
consideration of the entire record before the Planning Commission hearing, and after
due consideration of the testimony regarding the proposed Project, the Planning
Commission recommended that the City Council approve the Project including Planning
Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product
Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment �
in a manner in accord with the City of Temecula General Plan and Development Code.
H. On , the City Council of the City of Temecula considered the
Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which
time all interested persons had� an opportunity to and did testify either in support or in
opposition to this matter. The Council considered all the testimony and any comments
received regarding the Project and the Mitigated Negative Declaration prior to and at the
public hearing.
I. Following the public hearing, the Council adopted Resolution No. 11-
adopting the Mitigated Negative Declaration and Mitigation Monitoring Program.
J. All legal preconditions to the adoption of this Resolution have occurred.
Section 2. Legislative Findings. The City Council in approving the Project
hereby finds, determines and declares that:
A. The proposed amendment is consistent with the direction, goals and
policies of the adopted General Plan;
This application is accompanied by a Tentative Tract Map 36295, Home Product
Review Application and Zone Change to a PDO. The General Plan Amendment
and Zone Change to a PDO establish the density and design framework for the
proposed cluster subdivision development. The proposed design preserves
approximately 13 acres of the 25 gross acre site in permanently preserved open
space, thereby promoting the goa/s of the General Plan to preserve habitat and
provide additiona/ trails and active parkland. The project design is consistent with
the General Plan and all applicable requirements of State /aw and other
Ordinances of the City.
B. The proposed amendment will not have an impact on the character of the
surrounding area;
The proposed General Plan Amendment will not have an impact on the character
of the surrounding area because it has been designed as a conservation/cluster
development to provide a transition between high and /ow density development
within the rural Nicolas Valley. The proposed development will preserve
approximately 13 acres of the 25 gross acre site, and provide additional trails and
preserve habitat. In addition, the General Plan Amendment is accompanied by a
Home Product Review Application that has been reviewed and conditioned to
provide homes of a high quality design via appropriate massing, roofline
variation, high quality and varied materials, and floor plan square footage
consistent with existing development in the surrounding area.
Section 3. The City Council hereby amends the existing General Plan on file
with the City of Temecula City Clerk's office.
Section 4. Severability. If any portion provision, section, paragraph,
sentence, or word of this Ordinance is rendered or declared to be invalid by any final
court action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining portions, provisions, sections, paragraphs, sentences, and
words of this Ordinance shall remain in full force and effect and shall be interpreted by
the court so as to give effect to such remaining portions of the Ordinance.
Section 5. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption:
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
� ,.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of , 2011.
Ron Roberts, Mayor
ATTEST:
Susan W. Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 11- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the day of , ,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the day of , , the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk
EXHIBIT B
PROPOSED GENERAL PLAN DESIGNATION MAP
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