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HomeMy WebLinkAbout12-003 CC Resolution RESOLUTION NO. 12-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL-VERY LOW DENSITY TO L-LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE 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 all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. 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. R:/Resos 2012/Resos 12-03 1 F. The Planning Commission 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) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. Section 2. CEQA Findings. The City Council hereby finds, determines and declares that: A. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the January 10, 2011 public hearing, and makes these findings based on the whole record before it. B. The Mitigated Negative Declaration and Mitigation Monitoring Program were prepared in compliance with CEQA. C. There is no substantial evidence that the Project will have a significant effect on the environment. D. Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. The documents and analysis on which this determination is based are and have been on file in the Office of the Planning Department of the City of Temecula located at 41000 Main Street, Temecula, California 92589. Section 3. Approval of Mitigated Negative Declaration and Mitigation Monitoring Program. Based on the findings set forth in the Resolution, the City Council hereby approves the Mitigated Negative Declaration and Mitigation Monitoring Program prepared for this Project. R:/Resos 2012/Resos 12-03 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of January, 2012. i "� ,- / /, ;� � , � �' � � , �� C uck Washington, Mayor ATTEST: i Susan . Jones, MMC City Cle k [S EAL] R:/Resos 2012/Resos 12-03 3 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 Resolution No. 12-03 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10 day of January, 2012, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None . r�� Susan . Jones, MMC City Clerk R:/Resos 2012/Resos 12-03 4