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HomeMy WebLinkAbout14-012 PC Resolution PC RESOLUTION NO. 14-12 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. PA12-0131, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL AND OPEN SPACE (OS)" ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. 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 Applications and environmental review on May 21, 2014, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application with a Mitigated Negative Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: General Plan Amendment Application No. PA12-0131 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 Tentative Tract Map 36479, 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 39 acres of the 73 gross acre site in permanently preserved open space, thereby promoting the goals of the General 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 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 low density development within the rural Nicolas Valley. The proposed development will preserve approximately 39 acres of the 73 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 General Plan Amendment Application, PA12-0131: 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. B. 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 April 21, 2014, and expired on May 20, 2014. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. C. Four 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 May 21, 2014 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. Section 4. Recommendation. The Planning Commission of the City of Temecula hereby recommends that the City Council approve Planning Application No. PA12-0131, a General Plan Amendment to change the land use plan map from Very Low (VL) Density Residential to Low (L) Density Residential and Open Space (OS) (APNs 919-350-017, 018, 019, 020). Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 215` day of May, 2014. nley Harter, airman ATTEST: Armando G. Villa, AICP Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY-OF RIVERSIDE )ss CITY OF TEMECULA ) I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14-12 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 2151 day of May, 2014, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS None P Armando G. Villa, AICP Secretary EXHIBIT A CC ORDINANCE ORDINANCE NO. 14- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0131, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL AND OPEN SPACE (OS) ON 73 GROSS ACRES AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017, 018, 019, 020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- 0131, General Plan Amendment; PA12-0132, Zone Change to a Planned Development Overlay (PDO); PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code. B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. 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 California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30-day public review. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. On May 21, 2014, 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 May 21, 2014, 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 consideration 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. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review 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. 14- 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 Tentative Tract Map 36479, 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 39 acres of the 73 gross acre site in permanently preserved open space, thereby promoting the goals of the General 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 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 low density development within the rural Nicolas Valley. The proposed development will preserve approximately 39 acres of the 73 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 12014. Maryann Edwards, Mayor ATTEST: Gwyn R. Flores, CMC Acting City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 14- 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 , 2014, 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 2014, the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk EXHIBIT B PROPOSED GENERAL PLAN DESIGNATION MAP i A ARBOR VISTA `°' °""° ,,..., TENTATIVE TRACT NO. 3E479 :i. z:= ":^•srs: i CITY OF TEMECULA, CA '. m �nnzg„y�iuiia.. ,�•� . . .. 1q. .T`r.•if., - - , �__\ \ - FEE a r£?a •rave . .. Lor am Mwmrno `emdWmWV s--- .o.,- r � r�us rs wl�upps(�.n. II TENTATIVE TRACT !1 _ - MAP NO. 364T6 it 13 L • Low ttel%64y 13 0 S • Op`v% S p•tt,