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Home My WebLink About96-043 CC Resolution RESOLUTION NO. 96-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATIONS NO. PA96-0024, PA96-0025, AND PA96- 0026, MODIFYING A PORTION OF CONDITION OF APPROVAL NO. 44 OF PLANNING APPLICATION NO. PA94-0061 @STER CONDITIONAL USE PERMIT), A PORTION OF CONDITION OF APPROVAL NO. 38 OF PLANNING APPLICATION NO. PA95-0003 (WESTSIDE SPECIFIC PLAN); AND A PORTION OF CONDITION OF APPROVAL NO. 83 OF PLANNING APPLICATION NO. PA95-0004 (TENTATIVE TRACT MAP NO. 28011) PERTAINING TO ]IMPROVEMENTS TO THE INTERCHANGE AT RANCHO CALIFORNIA ROAD AND INTERSTATE15 "EREAS, the City if Temecula filed Planning Applications No. PA96-0024, PA96- 0025, and PA96-0026 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 Applications No. PA96-0024, PA96-0025, and PA96-0026 were processed in the time and manner prescribed by State and local law; NMEREAS, the Planning Commission continued Planning Applications No. PA96- 0024, PA96-0025, and PA96-0026 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 opposition; VMERF,AS, the Planning Commission considered Planning Applications No. PA96- 00249 PA96-0025, and PA96-0026 on March 18, 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 opposition; "EREAS, at the conclusion of the Commission hearing, the Commission recommended approval of Planning Applications No. PA96-0024, PA96-0025, and PA96- 0026; VMEREAS, the City Council conducted a public hearing pertaining to Planning Resos\9643 Applications No. PA96-0024, PA96-0025, and PA96-0026 on March 26, 1996, at which time interested persons had opportunity to testify either in support or opposition to Planning Applications No. PA96-0024, PA96-0025, and PA96-0026; WHEREAS, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Applications No. PA96-0024, PA96-0025, and PA96-0026; 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, The City Council, in recommending approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 makes the following findings: 1. Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit- Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit- Tentative Tract Map No. 2801 1: PA95-0004) are consistent with the City's General Plan. The findings made for the original approval still apply for the revised project. 2. The project as designed and conditioned will not adversely affect the public health or general welfare of the community. Mitigation measures originally approved for the project will remain in effect for this project. Conditions of approval added to the project will serve to further mitigate any impacts from this project. 3. The proposal will not have an adverse effect on surrounding property, because the use does not represent a significant change to the present or previously planned land use of the area. 4. The site is suitable to accommodate the proposed land use in terms of the size and shape of the lot configuration, circulation patterns, access, and intensity of use due to the fact that the proposed development complies with the standards of the City's General Plan, Ordinance No. 460 and Ordinance No. 348. Section 3. Environmental Coml2liance, Planning Application No. PA95-0031 (Environmental Impact Report) was prepared for the Old Town Entertainment Project and was certified by the City of Temecula City Council in July, 1995. 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 Resos\96-43 2 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 Planning Commission hereby recommends approval of Planning Applications No. PA96-0024, PA96-0025 and PA96-0026 subject to the following conditions: A. Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereol Section 5. The City Clerk shall certify the adoption of this Resolution. Section 6. PASSED, APPROVED AND ADOPTED this 26th day of March, 1996. Lindemans, Mayor AT'-rEST: JGreek, CMC City Clerk [SEAL] Resos\96-43 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) SS CITY OF TEMECULA) 11 HERIEBY CERT@ 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: 3 COUNCILMEMBERS: Birdsall, Ford, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberts ABSTAINED: 1 COUNCILMEMBERS: Stone Jd e . reek, CMC City Clerk Resos\9643 4 EXHIBIT A CONDITIONS OF APPROVAL Resos\96-43 5 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit-Tentative Tract Map No. 2801 1: PA95-0004) - Old Town Redevelopment Project Project Description: Modifying of a portion of Condition of Approval No. 44 of Planning Application No. PA94-0061 (Master Conditional Use Permit), a Portion of Condition of Approval No. 38 of Planning Application No. PA95-0003 (Westside Specific Plan); and a Portion of Condition of Approval No. 83 of Planning Application No. PA95-0004 (Tentative Tract Map No. 2801 1) pertaining to improvements to the interchange at Rancho California Road and Interstate 15 Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 1 .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 Planning Application No. PA96-0024 (Revised Permit-Master Conditional Use Permit: PA94-0061), Planning Application No. PA96-0025 (Revised Permit-Westside Specific Plan: PA95-0003), Planning Application No. PA96-0026 (Revised Permit- Tentative Tract Map No. 2801 1: PA95-0004), which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 21 =., 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.All signage visible from Interstate 1 5 shall direct patrons of the Old Town Entertainment Complex to the 1-1 5/SR79 South interchange. 3.All parking will be located off of the Western Bypass or accessible from the Western Bypass. Preferred parking or valet parking will from the Western Bypass. Resos\9643 6 4.No traffic shall be directed through Old Town toward Rancho California Road. 5. All exiting traffic shall be directed south on the Western Bypass on SR79/1-1 5. Prior to Issuance of a Grading Permit 6.The applicant shall enter into an Agreement and post securities for the construction of interim improvements to the Rancho California/1-1 5 interchange described as follows: At the Rancho California Road/Interstate 1 5 (1-1 5) northbound on ramps, on the westbound intersection approach, widen and/or re-stripe Rancho California Road to provide one through lane aligned with the (eventual) separate left turn lane at the 1-1 5 south on ramps, one through lane, one optional through right turn lane, and one right turn lane. In order to accommodate two lanes of right turning traffic onto the 1-1 5 north on ramp, widening and/or re-striping may be required just north of Rancho California Road. These two lanes should merge into one lane, however, prior to intersecting the mainline of 1-1 5 north. Similar widening and/or re-striping shall be provided on the eastbound intersection approach at the Rancho California Road/interstate 1-1 5 south ramp. The Agreement shall require that construction of the interim improvements commence within twenty-four (24) months of issuance of any grading permit. Negotiable securities in a form acceptable to the City Attorney and an amount acceptable to the City Engineer shall be provided by the applicant guaranteeing the faithful performance of this obligation. Should the City proceed with construction of the ultimate improvements for the interchange ahead of the applicant, then the applicant shall contribute to the City's improvement project an amount equal to the cost of the interim improvements. Applicant shall contribute their share within thirty (30) days of the City's award of the construction contract for the ultimate improvements. The applicant's contribution to the construction of the ultimate improvements shall relieve the applicant from all responsibility regarding the timing for completion of the improvements at 1-15 and Rancho California Road. Amended at the Planning Commission hearing March 18, 1996. Prior to the Issuance of a Certificate of Occupancy 7.Signage shall be placed at the intersection of Front Street and the Western Bypass directing patrons to parking off of the Western Bypass. 8.All brochures will have maps and parking instructions will direct patrons to SR79 South/interstate 15 interchange until such time that either the improvements to Rancho California Road/1-1 5 or Overland Road overpass are completed. 9.A request to E!a'ti-aiis for project si$j.iave o.i I 1 5 vvi" be initiated. :Fhe signs vv*" serve to d.-ect patrons to the SR:79i' 15 exit. Deleted at the Planning Commission hearing March 18, 1996. Resos\96-43 7