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Home My WebLink About96-042 CC Resolution RESOLUTION NO. 96-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0019, CHANGING THE SPECIFIC PLAN LAND USE DESIGNATION FROM VERY HIGH DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL ON PROPERTY GENERALLY LOCATED NORTH OF RANCHO CALIFORNIA ROAD, EAST OF MARGARITA ROAD, SOUTH OF LA SERENA WAY AND WEST OF MEADOWS PARKWAY WHEREAS, McMillen Project Services, Inc. filed Planning Application No. PA96- 0019 (Specific Plan No. 199 - Zoning Amendment) in accordance with the City of Temecula General Plan and Riverside County Land Use and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application No. PA96- 0019 (Specific Plan No. 199 - Zoning Amendment) on March 4, 1996, at a duly noticed public hearing as prescribed by law, at which time interested persons had an opportunity to testify either in support or in opposition; WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment); WHEREAS, the City Council conducted a public hearing pertaining to Planning Application No. PA96-0019 on March 26, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Application No. PA96-0019; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA96-0019; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. Findings, Reitos%96-42 A. The City Council in approving Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment), makes the following findings, to wit: 1. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 199 - Margarita Village. 3. The project is compatible with surrounding land uses. The project consists of the removal of the Retirement Oriented Housing Restriction on Village "A" of Specific Plan No. 199 - Margarita Village. Ultimate development of the site will be residential development in an area that is comprised of a variety of sizes of residences. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to the planned land use of the area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 199. 5. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 202. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 3. Environmental Coml2liaa= Environmental Impact Report No. 202 was prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has been eight (8) years since the environmental analysis was performed for this project. It is Staff's opinion that due to the limited scope of the proposed Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. Section 4. Conditions, That the City of Temecula City Council hereby approves Planning Application No. PA96-0019 - Zoning Amendment, Specific Plan) on property generally located north of Rancho California Road, east of Margarita Road, south of U Serena Resoa\9642 2 Way and west of Meadows Parkway, subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereol Section 5. PASSED, APPROVED AND ADOPTED this 26th day of March, 1996. emans, Mayor ATTEST: 'J'ene S. Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Temecula at a regular meeting thereof, held on the 26th day of March, 1996 by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Ford, Stone, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts Greek, CMC City Clerk Resos\96-42 3 EXHIBIT A CONDITIONS OF APPROVAL ResosN9642 4 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0019 (Specific Plan No. 199 - Zoning Amendment) Project Description: Amend Specific Plan No. 199 (Margarita Village), removing the Retirement Oriented Housing Restriction from Village 'A' Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 1The 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 Planning Application No. PA96-0019 (Zoning Amendment - Specific Plan No. 199) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 1 3, Chapter 4 (Section 21 000 gi =., 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. 2.The applicant shall comply with all underlying conditions of approval for Specific Plan No. 199, and its amendments, unless superseded by these conditions of approval. 3.The amendment to the Specific Plan text shall conform with Attachment No. 3. 4.The amendment to the Specific Plan Ordinance shall conform with Attachment No. 4. Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment 5.The applicant shall submit the Amended Specific Plan text to the Planning Department. Resos\9642 5