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HomeMy WebLinkAbout94-083 CC ResolutionRESOLUTION NO. 94-83 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. 9441022, SPECIFIC PLAN NO. 219, AMENDMENT NO. 4; LOCATED SOUTH OF PAUBA ROAD, EAST OF MARGARITA ROAD, NORTH OF STATE HIGHWAY 79 AND WEST OF BUTTFA~IEI~D STAGE ROAD. WI~q~-,EAS, KRDC, Inc. filed PA94-0022 in accordance with the Riverside County Land Use, Zoning, Planning and Subdivision Ordinances, which the City has adopted by reference; WHEREAS, said Specific Plan Amendment application was processed in the time and manner prescribed by State and local law; WltEREAS, the Planning Commission considered said Specific Plan Amendment on June 6, 1994 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 public hearings pertaining to said Specific Plan Amendment on August 9, 1994, 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TE1VIECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. · Findings. The City Council in approving the proposed Specific Plan Amendment, makes the following findings: 1. Specific Plan No. 219, Amendment No. 4 is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with Specific Plan No. 219, Amendment No. 3. 2. The project is compatible with surrounding land uses of schools and single family residential since it is separated by wide streets with substantial landscaping to reduce the visual impacts. Other impacts have been reduced to a level of insignificance. Resos 94-83 I 3. 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. 219, Amendment No. 3. 4. 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 235 and it's subsequent Addendum. Moreover, the mitgafion measures prepared for this Environmental Impact Report (EIR) will be applied to this project. 5. The proposed project is consistent with the Agreement reached between the City of Temecula and KRDC, Inc. Section 2. · Environmental Conlp!iance. Previously certified Environmental Impact Report No. 235 and its subsequent Addendum analyzed the significant impacts of Specific Plan No. 219 and proposed mitigation measures to reduce these impacts. Since this project is proposing seven (7) fewer dwelling units than the original project for which the EIR was prepared, no further environmental analysis is required. Section 3. · Conditions. That the City of Temecula City Council hereby approves Planning Application No. 94-0022, Specific Plan No. 219, Amendment No. 4, which is attached as Exhibit A, located south of Pauba Road, north of State Highway 79, west of Butterfield Stage Road and east of Margarita Road subject to the following conditions: A. Attachment No. 3, attached hereto. Section 4. The City Clerk shall certify the adoption of this Resolution. Section 5. PASSED, APPROVED AND ADOPTED this 9th day of August, 1994. Ron Roberts, Mayor ATTEST: JuS~e~-S.~Greek, City Clerk [SEAL] Resos 94-83 2 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) $S CITY OF TEMECULA ) I ItERERY 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 9th day of August, 1994, by the following vote of the Council: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mufioz Re,os 94-83 3 EXHIBIT "A " CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA94-0022, Specific Plan No. 219, Amendment No. 4 PLANNING DEPARTMENT General Requirements The permittee shall defend, indemnify, and hold harmless the City of Temecula, its agents, officers, and employees from any claims, action, or proceeding against the City of Temecula or its agents, officers, or employees to attach, set aside, void, or annul, an approval of the City of Temecula, its advisory agencies, appeal boards, or legislative body concerning Planning Application No. PA94-0022. The City of Temecula will promptly notify the permittee of any such claim, action, or proceeding against the City of Temecula and will cooperate fully in the defense. If the City fails to promptly notify the permittee of any such claim, action or proceeding or fails to cooperate fully in the defense, the permittee shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Temecula. The applicant shall submit four (4) copies of the final Specific Plan No. 219, Amendment No. 4 to the Planning Department no later than thirty (30) days from the date of approval by the City Council. Future developments within the project shall be subject to Planning Application No. 92- 0013 (Development Agreement for Paloma Del Sol) or any other amendments thereto and the Mitigation Measures adopted for Environmental Impact Report No. 235. 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 Environmental Impact Report 235 in compliance with Assembly Bill 3180. PUBLIC WORKS DEPARTMENT No Conditions. OTHER AGENCIES o The applicant shall comply with the recommendations set forth in the Temecula Unified Valley School District transmittal dated May 31, 1994, a copy of which is attached. R:~,S?AFFRP~22PA~.CC 7112/94 Ir, Jb The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District transmittal dated May 9, 1994, a copy of which is attached. The applicant shall comply with the recommendations set forth in the Rancho Water District transmittal dated April 5, 1994, a copy of which is attached. R :~STAFFRI~I~22PA94 .CC 7/12194