HomeMy WebLinkAbout05-02 CC Ordinance
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ORDINANCE NO. 05-02
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE TEXT WITHIN THE MARGARITA
VILLAGE SPECIFIC PLAN (SP-3) ZONING ORDINANCE FOR
PLANNING AREA 46, TO ALLOW "NO MINIMUM" BUILDING
SETBACK REQUIREMENT FROM ADJOINING PROPERTY LINES
WITHIN PLANNING AREA 46 AS LONG AS THE ADJACENT
PROPERTY IS USED SOLELY FOR RECREATION OPEN SPACE
OR PARKING PURPOSES (PLANNING APPLICATION 04-0486)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find, determine and
declare that:
A. The proposed Specific Plan Amendment is consistent with the City of Temecula
General Plan and the Margarita Village Specific Plan (SP-3); and
B. M-A Temeku Hills Development, LLC, filed Planning Application No. PA04-0486,
Specific Plan Amendment in accordance with the CityofTemecula General Plan and Development
Code; and
C. The application for the Project was processed as required by law, including the
California Environmental Quality Act; and
D. The Planning Commission of the City ofTemecula held a duly noticed public hearing
on December 15, 2004 to consider the applications for the Project and environmental determination,
at which time the City staff and interested persons had an opportunity to, and did, testify either in
support or opposition to this matter; and
E. Following consideration of the entire record of information received at the public
hearings and due consideration of the proposed Project, the Planning Commission adopted
Resolution No. 2004-070, recommending approval of the Margarita Village Specific Plan (SP-3)
Amendment No.6; and
F. The City Council has held a duly noticed public hearing on January 11, 2005 to
consider the proposed Specific Plan Amendment; and
G. On January 11, 2005, the City Council of the City of Temecula held a duly noticed
public hearing on the Project at which time all persons interested in the Project had the opportunity
and did address the City Council on these matters; and'
Section 2. FindinQs. The City Council, in approving Planning Application No. PA04-
0486 hereby makes the following additional findings as required by Section 17 .16.020.E of the City
of Temecula Municipal Code:
A. The proposed Specific Plan Amendment is consistent with the General Plan and
Development Code.
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B. The proposed Specific Plan Amendment would not be detrimental to the public
interest, health, safety, convenience or welfare of the city.
C. The subject property is physically suitable for the requested land use designations
and the anticipated land use developments.
D. The proposed Specific Plan shall ensure development of desirable character which
will be compatible with existing and proposed development in the surrounding neighborhood.
Section 3. Environmental Compliance. This project is exempt from CEQA review
pursuantto CEQA Guidelines Section 15061 (b) (3). The proposed project is an existing golf course
with a clubhouse and recreation amenities surrounded by detached single family residential
property. The proposed project and surrounding area is currently built out with no future plans for
expansion. The M-A Temeku Hills Development, LLC and the Temeku Hills Homeowners
Association (HOA) have worked out an agreement that involves subdividing Lot 25 (the Temeku
Hills Clubhouse and Recreation Facilities) into two parcels. The first parcel (clubhouse and parking
facilities) will be jointly owned by the new owner of the golf course and the HOA. The second parcel
(swimming pool, tennis courts and tot lot) will be deeded to the HOA. In order to allow for the
transfer of ownership to the HOA, the building setbacks need to be revised to allow a "no minimum"
building setback requirement from adjoining property lines within Planning Area 46, as long as the
adjacent property is used solely for recreation, open space or parking purposes. The proposed
project is a minor revision to the Specific Plan Zoning Ordinance allowing the clubhouse and
recreation facility property to be transferred to the Homeowner's Association. There is no possibility
that the proposed project will have a significant effect on the environment and therefore it is not
subject to CEQA.
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Section 4. The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same or a summary thereof to be published and
posted in the manner required by law.
PASSED, APPROVED, AND ADOPTED, by the City Council of the City of Temecula this
25th day of January, 2005. /'/
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ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 05-02 was duly introduced and placed upon its first reading at a regular
meeting of the City Council on the 11 th day of January, 2005, and that thereafter, said Ordinance
was duly adopted and passed at a regular meeting of the City Council on the 25th day of January,
2005 by the following vote, to wit:
AYES:
5
COUNCILMEMBERS: Edwards, Naggar, Roberts, Washington, Comerchero
NOES:
o
COUNCILMEMBERS: None
ABSENT:
o
COUNCILMEMBERS: None
ABSTAIN:
o
COUNCILMEMBERS: None
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