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HomeMy WebLinkAbout91_021 PC ResolutionRESOLUTION NO. 91-021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING APPROVAL OF CHANGE OF ZONE NO. 5621 AND SPECIFIC PLAN NO. 219, AMENDMENT NO. I AMENDING THE BOUNDARIES AND LAND USE DESIGNATIONS OF PLANNING AREAS 1, 2, 5, AND 6 OF SPECIFIC PLAN NO. 219 FOR THE SUBJECT PROPERTY LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79; AND BOUND BY DE PORTOLA ROAD TO THE NORTH AND KNOWN AS ASSESSOR'S PARCEL NO. 910-100-007. WHEREAS, Bedford Properties filed Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Change of Zone and Specific Plan Amendment applications were processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Change of Zone and Specific Plan Amendment on March 18, 1991, at which time interested persons had an opportunity to testify either in support or opposition; WHEREAS, at the conclusion of the Commission hearing, the Commission recommended approval of said Change of Zone and Specific Plan Amendment; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Findinqs. That the Temecula Planning Commission hereby makes the following findings: A. Pursuant to Government Code Section 65360, a newly incorporated city shall adopt a general plan within thirty (30) months following incorporation. During that 30-month period of time, the city is not subject to the requirement that a general plan be adopted or the requirements of state law that its decisions be consistent with the general plan, if all of the following requirements are met: (1) The city is proceeding in a timely fashion with the preparation of the general plan. (2) The planning agency finds, in approving projects and taking other actions, including the issuance of building permits, each of the following: a) There is a reasonable probability that the land use or action proposed will be consistent with the general plan proposal being considered or studied or which will be studied within a reasonable time. R:kkaul~C Resolution 91-021.doc b) There is little or no probability of substantial detriment to or interference with the future adopted general plan if the proposed use or action is ultimately inconsistent with the plan. c) The proposed use or action complied with all other applicable requirements of state law and local ordinances. B. The Riverside County General Plan, as amended by the Southwest Area Community Plan, (hereinafter "SWAP") was adopted prior to the incorporation of Temecula as the General Plan for the southwest portion of Riverside County, including the area now within the boundaries of the City. At this time, the City has adopted SWAP as its General Plan guidelines while the City is proceeding in a timely fashion with the preparation of its General Plan. C. The Planning Commission in recommending approval of the proposed Change of Zone and Specific Plan Amendment, makes the following findings, to wit: a) There is a reasonable probability that Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 will be consistent with the City's future General Plan, which will be completed in a reasonable time and in accordance with State law, due to the fact that the subject request is consistent with the SWAP Designation of SP 219. b) There is not a likely probability of substantial detriment to or interference with the future General Plan, if Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 are ultimately inconsistent with the plan, due to the fact that an approval of such an amendment may be consistent with the goals and/or policies of the City's future General Plan. c) The project is compatible with surrounding land uses. The harmony creates a compatible physical relationship with adjoining properties, due to the fact that the adjoining developments were developed as an overall concept for Specific Plan No. 219 and the proposed project is consistent with Specific Plan No. 219. d) The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the present or planned land use of the area, due to the fact that the proposed density is consistent with the overall concept of Specific Plan No. 219. R:kkaul~C Resolution 91-021.doc 2 D. The Change of Zone and Specific Plan Amendment ara compatible with the health, safety and welfare of the community. SECTION 2. Environmental Compliance. An Initial Study prepared for this project indicates that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because the mitigation measures described in EIR 235 and in the Conditions of Approval have been added to the project, and a Negative Declaration, therefore, is hereby granted. SECTION 3. Conditions. That the City of Temecula Planning Commission hereby racommends approval of Change of Zone No. 5621 and Specific Plan No. 219, Amendment No. 1 amending the boundaries and land use designations of Planning Areas 1,2, 5, and 6 of Specific Plan No. 219 for the subject property located on the northeast corner of Margarita Road and Highway 79; and bound by De Portola Road to the north and known as Assessor's Parcel No. 910-100-007. PASSED, APPROVED AND ADOPTED this 18th day of Mamh 1991. CHAIRMAN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof, held on the 18th day of March 1991 by the following vote of the Commission: AYES: 3 NOES: 0 ABSENT: 2 PLANNING COMMISSIONERS PLANNING COMMISSIONERS PLANNING COMMISSIONERS Fahey, Ford, and Chiarman Chiniaeff None Blair and Hoagland R:XkaulXPC Resolution 91-021 idoc 3 CITY OF1TMEOOIJI OONDrnONS IF APPBOVAL SPEIfiRe PlAN NO. 219, AMENDMENT NO. 1 1. Specific Plan No. 219, Amendment No. 1 shad consist of the following: a. Exhibit"A": SPeCific Plan Text b. Exhibit'T': Specific Plan Conditions of Approval c. Exhibit"C": SPeCific Plan Development Standards If any of the following conditions of aPProVal differ from the specific plan text or exhibits, the conditions enumerated herein shall take precedence. The development of the property shall be in accordance with the mandatory roquiroments of all City of Temecula ordinances including Ordinance Nos, 348 and 460 and state laws; and shall conform substantially with adopted SPeCific Plan No. 219, Amendment NO. 1 as tiled in the omce of the Planning Department, unless otherwise amended. No Portion of the specific plan which purports or ProPoses to change, waive or modily any ordinance or other legal requirement for the development shall be considered to be part of the adopted sPecific plan. 1lie project shall comply with the conditions set forth in the following agency letters and/or the requirements set forth bY these agencies at the development stage: a. Road Department June 2,1988 b. Rood Control MaY 26,1988 c. Rte Department January 8,1988 and Febnlary 25,1991 d. Parks MaY 25,1988 e. County Adminisl~atJve Oifices April 5,1988 L Water Agency May 23,1988 g. Sewer Agency May 24,1988 h. Temecula School DisUict January 26,1988 I. Department of Health July 20,1990 Impacts to the Temecula Onion School District shall be mitigated at the development appDcatJon stage in accordance with the District POlicies in effect at the lime of Uact submittal. STAFFRPT~SP219 10. Dommen areas identified in the specific Plan shall be owned and maintained as follows: A permanent master maintenance organization shall be established for the sPecific plan area, to assume ownership and maintenance responsibility for ali common recreation, open space, circulation systems and landscaPed areas. The organization may be public or private. Merger with an area-wide or regional organization shall satisty this condition Provided that such organizafion is legally and financially capable of assuming the responsibilities for ownership and maintenance. If the organization is a private association then neighborhood associations shall be established for each residential development, where required, and such associations may assume ownership and maintenance responsibility for neighborhood common areas. Unless othelwise provided for in these conditions of aPProVal, common areas shall be conveyed to the maintenance organizafion as implementing development is approved or any subdivision is recorded. The maintenance organization shall be established Prior to or concurrent with the recordation of the first land division, or issuance of any building permits for any approved development permit [use permit, plot plan, etc_l Development applications which incorgorate common areas shall be accompanied by design plans for the common area. Such plans shall sPeClty the location and extent of landscaping, irrigation systems, StlllCtares, and circulation [vehicular, pedestrian and/or eqnestrlan)~ 1be following special stedies/reports shall accompany implementing development applications in the planning areas listed below: Archeological Report As Per the County Historian's requirementa Mifigafion for Stephens Kangaroo Bat [See 1- and 25 Condition NO. 16) A land division filed for the purposes of phasing or financing shall not be considered an implementing development application: provided that if the maintenance organization is a propelty owners association, the legal documentation necessary to establish the association shall be recorded concurrently with the recordafion of the final map. Prior to the issuance of a building permit for the construction of any use contemplated by this approval, the applicant shall first obtain clearance from the Planning Department that ail pertinent conditions of approval have been satisfied with the specific plan for the Phase of development In questions. STAFFRPT~SP219 12. An environmental assessment shall be conducted for each trect, change of zone, plot plan, specific plan amendment, or any other discrefionary permit required te implement the specific plan. At a minimum, the environmental assessment shall utitize Ihe evaluaiton of impacts addressed in the EIB PrePared for SPeCific Plan No. 219. 13. Prior to the recordaiton of a final maP, the land divider shall submit to the Planning Depallment an agreement with the apprepdate parks and recreation district which demonstrates to the safisfacfion of the Cily that the land divider has provided tar the payment of fees and/or offer of dedication of lands in accordance with Section 10.35 [Parks and Becreaiton Fees and Dedications) of Land Division Ordinance No. 460. Prior to the recordation of any final subdivisien map or issuance of building permits in the case of use permits and plot plans, the applicant shall submit to the Planning DeParlment the following documents which shall demonsuate te the safisfaciton of the City that Individual apprepdate owners associafions will be established and will operate in accordance with the intent and purPose of the specific plan. a. The document to convey lille. b. Covenants, Conditions, and Bes~citons to be recorded. Management and maintenance agreements to be entered into with the unit/lot owner ef the project The master properly owners associafion, commercial Property owners associafion, and the business park owners association shall be charged with the unqualified right to assess their own individual owners who own individual units for reasonable maintenance and management costs which shall be established and continuallY maintained. The individual owners association shall have the right to lien the properly of any owner who defaults in payment of their assessment fees. Such lien shall not be subordinate te any encumbrance other than a deed of tnlSt, provided such deed of tnlSt is made in good faith and for good value, and is of record prior to the lien of the individual owners associafion. 15. The applicant or its successor shall defend, indemnify, and hold harmless the City ef Temecula, its agents, officer, and employees from any claim, action, or proceeding against the City of Temecula or its agents, officer, or employees te attach, set aside, void, or annul an approval of the City of Temecula, its advisory agencies, aPPeal boards or legislafive body concerning Specific Plan NO. 219, Amendment No. 1, which action is breugbt within the time Period provided for in California Government Code Secfion 66499.37. The CitY of Temecula will PremPfiY notJly the applicant or its successor of any such claim, act]on, or proceeding against the CitY of Temecula and will cooperate fully in the defense, it the CitY fails to premptJy notJly the applicant or its successor of any such claim, action, or Preceeding or fails to cooperate fully In the defense, the applicant or its successor shag not, thereafter, be resPonsible to defend, indemnitY, or hold harmless the CitY of Temecula. STAFFRPT~SP219 16. 17. 18. Trapping studies have indicated the presence of evistJng habitat [eccuPied by Stephens Kangaroo Rat] for Planning Areas 10 and 25. Prior to issuance of grading permits for this planniflg area, the applicant shall provide mitigation for removal of the stol habitat as follows: Memorandum of Understanding between the developer and the California Department of Rsh and Came, o~ Compliance with an adopted County Pregram fer the mitigation of removal of Stephens Kangaroo Ban habitaL Within forty-eight [48] hours of the approval of the project, the applicant/developer shall deliver to the Planning Department a cashiers check or money order payable to the County Clerk in the amount of One 111ousand, Two Hundred, Seventy-Rye Dollars [$1,275.00), whieh Includes the One 11iousand, Two Hundred, Rfty Dollars [$1,250.00) fee in compliance with AB 3158, required by Fish and Game Code Section 711~d][2) plus the Twenty-RYe Dollar [$25.00] County administrative fee to enable the City to file the Notice ef Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight [48] hour period the applicant/developer has not delivered to the Planning Deparlment the check required above, the approval for the project granted herein shall be void by reason of failure of condition, Fish and Game Code SectJen 711~c]. Prior to the issuance of grading permits and/or building Permit, the developer or his successors interest shall submit a mitigation monitoring program to the Planning DePaltment for approval, which shall describe how compliance with required mitigation measures will be met and the appropriate monitoring timing of the mitigation. STAFFRP%SP219