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HomeMy WebLinkAbout14-052 CC ResolutionRESOLUTION NO. 14-52 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR A GENERAL PLAN AMENDMENT AND ZONE CHANGE FROM VL - VERY LOW DENSITY TO L -LOW DENSITY WITH A PDO FOR CLUSTERING AND OPEN SPACE; A TENTATIVE TRACT MAP 36479 TO SUBDIVIDE 73 ACRES INTO 83 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED AT THE SOUTHEAST CORNER OF VIA LOBO AND NICOLAS ROAD (APNS 919-350-017,018,019,020) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12- ' 0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a manner in accord with the City of Temecula General Plan and Development Code ("Project"). B. On May 21, 2014, the Planning Commission recommended approval of Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review. C. The Project was processed including, but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs 15000 et seq. (collectively referred to as "CEQA"). D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and California Environmental Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to May 20, 2014 for a 30 -day public review. Copies of the documents have been available Resos 14-52 1 ' for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. F. On May 21, 2014, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on May 21, 2014, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. G. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the May 21, 2014 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. H. On August 12, 2014, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the August 12, 2014 public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) There is no substantial evidence that the Project will have a significant effect on the environment; and (3) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. Section 2. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this Project and the Mitigation Monitoring Program for the Project. Resos 14-52 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of ' Temecula this 12th day of August, 2014. v aryann Edwards, Mayor ATTEST: Randi N -0196n, JD, MMC City Clerk [SEAL] Resos 14-52 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl-Olson, JD, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 14-52 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of August, 2014, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts, Washington, Edwards NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ' Randi Johl-Olson, JD, MMC City Clerk Resos 14-52 4