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HomeMy WebLinkAbout14-016 PC ResolutionPC RESOLUTION NO. 14-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM VL -VERY LOW DENSITY TO L - LOW DENSITY WITH A PDO FOR CLUSTERING AND OPEN SPACE; A TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED 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. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of Planning Application No.'s PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. A. Pursuant to California Environmental Quality Act (CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Tentative Tract Map 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. E. Based on the findings set forth in the Resolution, the Planning Commission hereby recommends that City Council adopt the Mitigated Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 21st day of May, 2014. ATTEST: Armando G. ,I Secretary 'S) [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) nl y a er, Chairman I, Armando G. Villa, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 14-16 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 21st 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 I •P Armando G. Villa, AICP Secretary EXHIBIT A CC RESOLUTION RESOLUTION NO. 14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM VL -VERY LOW DENSITY TO L - LOW DENSITY WITH A PDO FOR CLUSTERING AND OPEN SPACE; A TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED 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 RESOLVE 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 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 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 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. The Planning Commission 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) 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. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of, 2014. 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 Resolution No. - was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Gwyn R. Flores, CMC Acting City Clerk