HomeMy WebLinkAbout97-112 CC ResolutionRESOLUTION NO. 97-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA97-0160 AMENDMF~NT NO. 3 TO SPECI~C PLAN
NO. 199, REI~UCING THE DWELLING UNITS FROM 4,047
TO 3,922 UNITS, ELIMINATING THE COMMERC~
ACREAGE AT THE NORTHWEST CORNER OF RANCHO
CALIFORNIA ROAD AND MFADOWS PARKWAY, ADDING
AN APPROXIMATELY 12.5 ACRE PARK AT THE
SOUTHWEST CORNER OF LA SERENA AND MEADOWS
PARKWAY, AND REVISING ROADWAY CROSS-
SECTIONS, DESIGN GUIDELINES AND DEVELOPMENT
STANDARDS, ALL WITHIN VILLAGE 'A' .
WI~REAS, Temeku Hills Development partners, L. P. filed Planning Application No.
PA97-0160 in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, Planning Application No. PA97-0160 was processed in the time and manner
prescribed by State and local law;
WI~-~EAS, the Planning Commission considered Planning Application No. PA97-0160
on September 8, 1997, 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;
WHEREAS, at the conclusion of the Commission hearing, the Commission recommended
approval of Planning Application No. PA97-0160;
WHEREAS, the City Council conducted a public hearing pertaining to Planning
Application No. PA97-0160 on October 7, 1997, at which time interested persons had opportunity
to testify either in support or opposition to Planning Application No. PA97-0160;
WltI~.EAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA97-0160;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TI~iECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Findings.
The City Council in approving the proposed Specific Plan Amendment, makes the
following findings, to wit:
Reaoa/97-112 1
A. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) as proposed and conditioned is compatible with the health, safety and welfare of the
community.
B. Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan
No. 199) is consistent with the goals and policies of the City's adopted General Plan.
C. The project is compatible with surrounding land uses. The project proposes
a reduction in the density and intensity of land uses. Ultimate development will be residential
development in an area that is comprised of a variety of residential neighborhoods.
D. The proposal win not have an adverse effect on surrounding property
because it does not represent a significant change to the planned land use of the site and is
consistent with the overall concept of Specific Plan No. 199.
E. The amendment to Specific Plan No. 199 does not increase the impacts
associated with the development or the overall intensity of the development as analyzed in
Environmental Impact Report No. 202.
As conditioned pursuant to Section 3, Planning Application No. PA97-0160
as proposed, is compatible with the health, safety and welfare of the community.
Section 2. F. nvironmental Compliance. Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the Riverside County Board of
Supervisors. In conjunction with Amendment No. 2 to the Specific Plan, a number of additional
studies were undertaken to update and complement the original EIR. The additional studies, a
geotechnical study, traffic study and a Kangaroo Rat trapping and update study, confirmed the
validity of the original analysis.
It has been eleven (11) years since the original environmental analysis was
performed for this project. Therefore, Staff prepared another Initial Environmental Assessment
to examine the question of whether any impacts beyond those analyzed in the previous EIR and
subsequent studies would result from the proposed project, changes in circumstances, or new
information. In areas where there was a potential change in circumstances, specifically traffic,
noise, and lighting, slaff requested additional information from the applicant. Based upon Staff's
analysis, the project is consistent with the information contained in the previously certified E1R.
Due to the limited scope of the proposed changes to the specific plan, there will be no effect
beyond that which was reviewed in the previous analysis.
Under California Public Resources Code Section 21166 and Section 15162
of the California Environmental Quality Act (CEQA) Guidelines, no additional EIR is required
unless additional impacts not previously considered, or substantial increases in the severity of
impacts, may result from: substantial changes in the circumstances under which the project is
Repo.97-112 2
undertaken which would require a major revision in the EIR, or new information that could not
have been known at the time the EIR was prepared becomes available. None of these situations
has occurred; therefore, no further environmental analysis is required.
Section 3. Conditions. That the City of Temecula City Council hereby approves Planning
Application No. PA97-0160 Specific Plan Amendment No. 3 to Specific Plan No. 199 generally
located south of La Serena Way, cast of Margarita Road, west of Meadows Parkway, north of
Rancho California Road, within the Margarita Village Specific Plan, subject to Exhibit A,
attached hereto, and incorporated herein by this reference and made a part hereof.
Section 4. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula
this 7th day of October, 1997.
Patricia H. Birdsall, Mayor
ATTEST:
June'S~-~reek, CMC/AAE
City Clerk
[SEAL]
Resos/97-112 3
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
Resolution No. 97-112 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof, held on the 7th day of October, 1997, by the following
vote, to wit:
5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS: None
City Clerk
Resos/97-112 4
EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Revised September 8, 199 7
Planning Application No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199)
Project Description:
A reduction of dwelling units from 4,047 units to 3,922
units; a reduction of acreage proposed for commercial
development from 13.7 acres to 6.2 acres (eliminating the
commercial uses on 7.5 acres at the northwest corner of
Meadows Parkway and Rancho California Road) all with
Specific Plan No. 199 - Margarita Village
PLANNING DEPARTMENT
General Requirements
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 Planning Application
No. PA97-0160 (Amendment No. 3 to Specific Plan No. 199) which action is brought
within the appropriate statute of limitations period and Public Resources Code, Division
13, Chapter 4 (Section 21000 et sea., 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.
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.
The text of Amendment No. 3 to Specific Plan. No. 199 shall conform with Exhibit A,
"Margarita Village Amendment No. 3 of Margarita Village Specific Plan No. 199," dated
August 1997, or as amended by these conditions.
The text of Amendment No. 3 to Specific Plan No. 199 Zone Standards shall conform
with Exhibit B, "Margarita Village Amendment #3 to Margarita Village SP Zone
Standards," dated August 1997, or as amended by these conditions.
5. Maintenance of common areas and slope areas shall be provided in accordance with
R:'GTAFFI~.PTtI~0PA97.COA 10/1/97 c,d 1
Exhibit F - Maintenance Responsibility Exhibit.
o
No construction shall occur within Planning Area 42 of Specific Plan No. 199 without
the proponent first filing Development Plans for City review and approval, unless single
family detached homes are proposed on each of the fifteen (15) lots.
Turn-in garages for standard vehicles are limited to lots with a frontage width of 45 feet
or wider.
Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment
8. The applicant shall submit the Amended Specific Plan text to the Planning Department.
TEMECULA COMMUNITY SERVICES DISTRICT
Community Services offers the following Conditions of Approval for the aforementioned
Specific Plan Amendment for Temeku Hills:
GENERAL REQUIREMENTS:
The park land dedication requirement (Quimby) for the Temeku Hills Development shall
be satisfied with the development and dedication of an approximately 12.5 acre
community park located within Planning Area 44.
(Amended by the Planning Commission, September 8, 199 7]
10.
The design of the community park in Planning Area 44 shall be in conformance with the
conceptual design identified within the Specific Plan. The actual park size shall be
determined upon submittal of the subdivision maps for the area.
11.
Ballfield lighting shall be provided at the Community Park to allow for night use of the
playing fields. The developer, or his successor, shall provide a disclosure to all properties
adjacent to the Community Park regarding the use of ballfield lighting.
12.
All proposed public park facilities shall provide for pedestrian circulation and
handicapped accessibility pursuant to the American Disability Act (ADA) Standards.
13.
The installation of all landscape materials and irrigation equipment for the public park
sites, slope areas, parkway landscaping, and landscaped medians shall be in
conformance with the City of Temecula Landscape Development Plan Guidelines and
Specifications.
14.
Construction of the community park, medians, and perimeter slope areas proposed for
dedication to the TCSD shall commence pursuant to a pre-job meeting with the
developer and the City Maintenance Superintendent. Failure to comply with the TCSD
review and inspection process may preclude acceptance of these areas into the TCSD
maintenance program.
15.
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.
16.
17.
18.
19.
PRIOR
20.
21.
PRIOR
22.
PRIOR
23.
24.
A policy of title insurance and a soils assessment report shall also be provided with the
dedication of the property.
The developer shall complete the TCSD application and dedication process prior to the
acceptance of street lighting and perimeter slopes areas into the respective TCSD
maintenance programs. The developer shall maintain the park facilities, slopes, and
medians until such time as those responsibilities are accepted by the TCSD or other
responsible party.
All exterior slopes contiguous to public streets that are adjacent to single family
residential development shall be maintained by an established homeowner's association
until such time as those responsibilities are offered and accepted by the TCSD for
maintenance purposes. All other interior slopes, open space, perimeter walls, and entry
monumentation shall be maintained by the homeowner's association.
Slopes and landscaping adjacent to commercial development shall be maintained by the
property owner, or other approved private maintenance association.
Bike lanes and recreational trails shall be provided on site and designed to intercept with
the City's Park and Recreation Master Plan. Class II Bike Lanes shall be completed in
concurrence with the street improvements.
TO RECORDATION OF THE FINAL MAP:
Prior to recordation of final maps, landscape construction drawings for any respective
public park, slopes, and landscaped medians proposed for dedication to the City shall
be reviewed and approved by the Director of Community Services.
If the community park has not been completed prior to the recordation of the final map
for Planning Area 44, then the developer shall enter into an improvement agreement
and bond for the park improvements prior to recordation of said map.
TO ISSUANCE OF BUILDING PERMITS:
The community park in Planning Area 44 shall be improved and dedicated to the City
prior to the issuance of 608th overall residential building permit within Village A.
TO ISSUANCE OF CERTIFICATES OF OCCUPANCY:
Prior to the issuance of the first certificate of occupancy within each phased map, the
developer shall submit the most current list of Assessor's Parcel Numbers assigned to
the final project.
It shall be the developer's responsibility to provide written disclosure of the existence
of the TCSD and its service level rates and charges to all prospective purchasers.
I have read, understand and accept the above Conditions of Approval.
Applicant Name
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