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HomeMy WebLinkAbout95-04 CC OrdinanceORDINANCE NO. 95-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING SPECIFIC PLAN NO. 213, AMENDMENT NO. 2 (PLANNING APPLICATION NO. 94-062) AMENDING SPECIFIC PLAN NO. 213 TO CHANGE THE ZONING FOR PLANNING AREA 11 (32 ACRES) FROM VERY HIGH DENSITY RESIDENTIAL (14-20 DWELLING UNITS PER ACRE WITH A MAXIMUM OF 360 MULTI- FAMILY DWELLINGS) TO MEDIUM DENSITY RESIDENTIAL (2-5 DWELLING UNITS PER ACRE WITH A MAXIMUM OF 150 SINGLE FAMILY DWELLINGS), LOCATED ON THE SOUTHWEST CORNER OF TOWN VIEW AVENUE AND MURRIETA HOT SPRINGS ROAD. WHEREAS, Pulte Home Corp. filed PA94-0062 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Pulte Home Corp. has filed a request with the Local Agency Formation Commission of Riverside County to annex the subject sites to the City of Temecula and has requested the City through its application PA94-0062 to pre-zone the subject site prior to its annexation; WHEREAS, said Specific Plan Amendment application was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered said Specific Plan Amendment on January 23, 1995 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 Specific Plan Amendment; WHEREAS, the City Council conducted a public hearing pertaining to said Specific Plan Amendment on February 28, 1995, at which time interested persons had an opportunity to testify either in support or opposition to said Specific Plan Amendment; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding the Specific Plan Amendment; Ords\95 -04 I NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS: Section 1. Findings. That the Temecula City Council hereby makes the following findings: A. The City Council in approving the proposed Specific Plan Amendment, makes the following findings, to wit: 1. The project is consistent with the applicable General Plan. 2. The project is compatible with surrounding land uses which are future residential and commercial developments. 3. The project site is located within the City's Sphere of Influence. 4. Mitigation measures in Environmental Impact Report for Specific Plan No. 213 will reduce the impacts of the project. 5. The site of the proposed project is suitable to accommodate the land uses permitted in Specific Plan No. 213 due to the fact that the development standards and Conditions of Approval proposed within the Specific Plan and the mitigation measures within the FEIR ensure orderly development of the site. 6. Said findings are supported by analysis, maps, exhibits, and environmental documents associated with this application and herein incorporated by reference. Section 2. Environmental Compliance. According to Section 15182 of the California Environmental Quality Act Guidelines, no further environmental analysis is required for this project since an Environmental Impact Report was previously certified by the County. Section 3. Conditions. The City Council of the City of Temecula hereby approves Amendment No. 2 to Specific Plan No. 213 (PA94-0062) to change the zoning for Planning Area 11 (32 acres) from Very High Density Residential (14-20 units per acre with a maximum of 360 multi-family dwellings) to Medium Density Residential (2-5 dwelling units per acre with a maximum of 150 single family dwellings), located on the southwest corner of Town View Avenue and Murrieta Hot Springs Road, as more specifically and set forth in PA94-0062, and subject to the Conditions set forth in Exhibit A to this Ordinance and incorporated herein by this reference. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Ords\95-04 2 Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. PASSED, APPROVED AND ADOPTED this 14th day of March, 1995. ATTEST: ' y E. Stone, Mayor Greek, CMC, -Cit-y~!erk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, June S. Greek, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 95-04 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of February, 1995, and that thereafter, said Ordinance was duly adopted and passed a regular meeting of the City Council on the 14th day of March, 1995 by the following roll call vote: AYES: 4 COUNCILMEMBERS: Lindemans, Mufioz, Parks, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts Ords\95-04 3 EXHIBIT A TO ORDINANCE NO. 95-04, CONDITIONS OF APPROVAL R:\STAFFRPT\62PA94.CC 2/21/95 ktb 8 TO ORDINANCE NO. 95- EXHIBIT A , CONDITIONS OF APPROVAL FOR PA94-0062 CITY OF TEMECULA CONDITIONS OF APPROVAL Silver Hawk Specific Plan Amendment- Planning Application No. 94-0062 Project Description: A request for approval of Amendment No. 2 of Specific Plan No. 213, Silver Hawk, by changing the zoning of Planning Area 11 from Very High Density Residential (14-20 dwelling units per acre with a maximum of 360 multi- family dwellings) to Medium Density Residential (2-5 dwelling units per acre with a maximum of 150 single family dwellings) and establishing Zoning and Development Standards to allow the development of 150 single family dwellings. Assessor's Parcel No.: Approval Date: 914-260-059AND 914-260-062 PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and California Code of Regulations Section 15094 15062. General Conditions The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Specific Plan Amendment which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 et seq., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. R:\STAFFRPT\62PA94.CC 2/21/95 ktb 9 All development within this site shall be in accordance with the requirements of Development Agreement No. 9, including all City ordinances applicable under the terms of Development agreement No. 9. 4. All landscaping shall bc consistent with thc Watcr Efficient Landscaping Ordinancc. This project and all subsequent projects within the site shall comply with all mitigation measures identified in the Final Environmental Impact Report unless modified by the Conditions of Approval. Prior to issuance of grading permits, approval of development permits, recordation of final maps, issuance of building permits and issuance of occupancy permits for any subsequent projects or activities within the site, the applicant/developer shall demonstrate by submittal of a written report that all mitigation measures identified in the Mitigation Monitoring Programwithin the FEIR have been satisfied for the stage of development that permits are being issued for. The developer or the developer's successor-in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. The applicant shall deposit sufficient funds with the City of Temecula to retain the services of a qualified consultant to administer and implement the Mitigation Monitoring Program approved for this project as part of the Environmental Impact Report prepared for Silver Hawk in compliance with Assembly Bill 3180. If any of these conditions of approval differ from the Specific Plan text or map exhibits or any other documents, the conditions enumerated herein shall take precedence. 10. Any proposed amendment to this Specific Plan shall require public hearings and review by the Planning Commission and City Council, and/or shall be reviewed in accordance with such rules and regulations for the review of Specific Plan Amendments as may have been adopted by the City and which are in effect at the time of any proposed amendment is submitted. 11. The developer, Assessment District 1 61 or Community Facilities District 88-4 shall be responsible to pay all the costs associated with providing the necessary infrastructure for the project. The City of Temecula shall not be responsible to pay for any necessary infrastructure improvements associated with this project. 12. A Mitigation Monitoring Program shall be submitted prior to approval of any implementing applications. 13. Approval of the Silver I lawk Specific Plan Amendment No. 2 is contingent upon and shall not become cffccti¥c, nor -,,hall it vest, until the applicant has reached and recorded a binding mitigation agreement with the Tcmccula Valley Unified School District to ensure the mitigation of the new students generated by this project if the City Council adopts the School Mitigation Resolution as recommended for approval by the Planning Commission. Refer to the Tcmccula Valley Unified School District Icttcr datcd January 13, 1995. (Deleted by Planning Commission on January 23, 1995) R;\STAFFRPT\62PAg4.CC Z/~I/g5 k[b 10 DEPARTMENT OF PUBLIC WORKS The following are the Department of Public Works Conditions of Approval for this project, and shall be completed at no cost to any Government Agency. All questions regarding the true meaning of the conditions shall be referred to the appropriate staff person of the Department of Public Works. It is understood that the Developer correctly shows on the tentative site plan all existing and proposed easements, traveled ways, improvement constraints and drainage courses, and their omission may require the project to be resubmitted for further review and revision. General Requirements 14, The additional access on Murrieta Hot Springs Road has not been reviewed and approved by the Department of Public Works and should not be considered a part of this Specific Plan Amendment. In order for the Department of Public Works to support this additional access to Murrieta Hot Springs Road, subsequent Traffic Studies will be required. 15. All street sections shall correspond with Typical Roadway Cross Sections and requirements of the Circulation Element of the City's General Plan, City Ordinances and standards. COMMUNITY SERVICES DEPARTMENT 16. Pursuant to the City's park land dedication requirements (Quimby), the developer or his successor(s), shall enter into an agreement and post bonds to dedicate park land, or pay the appropriate in-lieu fee, prior to recordation of each respective final map. 17. All park facilities, and/or other recreational areas, intended for transfer to the City "in- fee" shall be dedicated free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park and/or recreational purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 18. All park facilities, slope areas, parkway landscaping, trails and medians shall be improved in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications. 19. Bike lanes and recreational trails shall be designed to intercept with the City's Park and Recreation Master Plan. Class II bike lanes shall be constructed in concurrence with the with the street improvements. 20. Construction of the public park sites, landscaping, trails and medians proposed for dedication to the City shall commence pursuant to a pre-job meeting with the developer and the City Maintenance Superintendent. Failure to comply with the City's review and inspection process may preclude acceptance of these areas into the City's maintenance program. R:\STAFFRPT\62PA94.CC 2/21/95 ktb 1 1 21. The developer, or his successor(s), shall maintain all park facilities, landscaping, trails and medians until such time as those responsibilities are accepted by the City. 22. All perimeter walls, interior slopes, and open space shall be maintained by the individual property owner(s) or an established Home Owners' Association (HOA). 23. All parks, slope areas, parkway landscaping, trails and medians, identified as City maintenance areas, shall be offered for dedication on the final map. 24. Landscape construction drawings for all project areas (slopes, streetscape, medians, trails and parks) proposed for dedication to the City shall be reviewed and approved by the Director of Community Services prior to recordation of each respective final map. R:\STAFFRPT\62PA94.CC 2/21/95 ktb 12 CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS TRAFFIC DIVISION TRAFFIC AND ENGINEERING SURVEY FOR SPEED ZONING Jurisdiction: CITY OF TEMECULA L 0 CA TION Jefferson Avenue between Winchester Road and Via Montezuma Existing Posted Speed Limit: 45 mph Critical Speed (85th percentlie): 43.5 mph Median Speed: 40 mph Number of Accidents: Accident Period: ACCIDENT RECORD REVIEW 11 X Date of Survey: 11-7-94 10 mph Pace Range: 34-44 12 Months Does not warrant a speed limit more than 4 mph below the critical speed. Warrants a speed limit more than 4 mph below the critical speed. UNUSUAL CONDITIONS Warrants a speed limit less than the critical speed because of unusual conditions not readily apparent to the motorist. Unusual conditions: None. RADAR ENFORCEMENT SPEED LIMIT This Traffic and Engineering Survey indicates that the appropriate speed limit for Jefferson Avenue between Winchester Road and Via Montezuma is 40 mph. CER T/F/CA TION I, Martin C. Lauber, declare: That I am employed by the City of Temecula, 43174 Business Park Drive, Temecula, CA 92590, as Traffic Engineer. That the attached Traffic and Engineering Survey was prepared for the City of Temecula and is a true copy of the Traffic and Engineering Survey presented to the City Clerk for their files. I declare under penalty of perjury that the foregoing is true and correct. on this ~ ~ ~ day of D~_~ ~-~ ~r- , 19 Executed at Temecula, California 9¥. CITY OF TEMECULA DEPARTMENT OF PUBLIC WORKS TRAFFIC DIVISION TRAFFIC AND ENGINEERING SURVEY FOR SPEED ZONING Jurisdiction: CITY OF TEMECULA !. OCA T/ON Front Street between Rancho California Road and Via Montezuma Existing Posted Speed Limit: 45 mph Critical Speed (85th percentile): 45 mph Median Speed: 41 mph Number of Accidents: Accident Period: ACCIDENT RECORD REVIEW 8 X Date of Survey: 11-7-94 10 mph Pace Range: 36-46 12 Months Does not warrant a speed limit more than 4 mph below the critical speed. Warrants a speed limit more than 4 mph below the critical speed. UNUSUAL CONDITIONS Warrants a speed limit less than the critical speed because of unusual conditions not readily apparent to the motorist. Unusual conditions: None. RADAR ENFORCEMENT SPEED I,IMIT This Traffic and Engineering Survey indicates that the appropriate speed limit for Front Street between Rancho California Road and Via Montezuma is 40 mph. CERTIFICA T/ON I, Martin C. Lauber, declare: That I am employed by the City of Temecula, 43174 Business Park Drive, Temecula, CA 92590, as Traffic Engineer. That the attached Traffic and Engineering Survey was prepared for the City of Temecula and is a true copy of the Traffic and Engineering Survey presented to the City Clerk for their files. I declare under penalty of perjury that the foregoing is true and correct. Executed at Temecula, California onthis ~_nct dayof ~>~=_c~~ , 19 c~ .