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Home My WebLink About14-05 CC OrdinanceORDINANCE NO. 14-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA12-0131, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL AND OPEN SPACE (OS) ON 73 GROSS ACRES 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 ORDAIN 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 Planned Development Overlay (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. 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 a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. 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 for public review and inspection at the offices of the Department of Community Development, located at City Hall, 41000 Main Street, Temecula, California 92590. E. 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. Ords 14-05 F. Following consideration of the entire record before it at the public hearing ' and due consideration of the proposed project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including 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 in a manner in accord with the City of Temecula General Plan and Development Code. 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. Following the public hearing, the Council adopted Resolution No. 14-52 adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. ' Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by Tentative Tract Map 36479, Home Product Review Application and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximately 39 acres of the 73 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project design is consistent with the General Plan and all applicable requirements of State law and other Ordinances of the City. B. The proposed amendment will not have an impact on the character of the surrounding area; The proposed General Plan Amendment will not have an impact on the character of the surrounding area because it has been designed as a conservation/cluster ' development to provide a transition between high and low density development within the rural Nicolas Valley. The proposed development will preserve approximately 39 acres of the 73 gross acre site, and provide additional trails and Ords 14-05 2 preserve habitat. In addition, the General Plan Amendment is accompanied by a Home Product Review Application that has been reviewed and conditioned to provide homes of a high quality design via appropriate massing, roofline variation, high quality and varied materials, and floor plan square footage consistent with existing development in the surrounding area. Section 3. Amendment of General Plan Land Use Map. The City Council hereby amends the Land Use Element of the Temecula General Plan to change the Land Use Plan Map from very low (VL) density residential to low (1) density residential and Open space (os) on 73 gross acres at the southeast corner of Via Lobo and Nicolas Road (APNs 919-350-017, 018, 019, 020). A map showing the location of the property subject to this General Plan land use map is attached hereto as Exhibit A and incorporated herein by this reference. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption. ' Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26th day of August, 2014. (/ aryann Edwards, Mayor ATTEST Randi Johl-Olson, JD, MMC City Clerk [SEAL] Ords 14-05 11 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 Ordinance No. 14-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12th day of August, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26th day of August, 2014, by the following vote: AYES: 3 COUNCIL MEMBERS NOES: 0 COUNCIL MEMBERS ABSENT: 2 COUNCIL MEMBERS ABSTAIN: 0 COUNCIL MEMBERS: Ords 14-05 4 Comerchero, Naggar, Edwards None Roberts, Washington None Randi Johl-Olson, JD, MMC City Clerk ARBOR VISTA ..,. ...�..A...�,. 1 TENTATIVE TRACT NO. 3E479 '. i?3i•y,;y°-'+'+_+�"'�' CITY OF TEMECULA, CA a.Bte.•1Yk1D93?%�TM '!,", uOAL ee4M/no� ? - �.- L+ a +MYL" .QS•E.S�.7N :L•.. �MT1 "''id't3�?h"46Ti+!' m tz.�:Yr,•. ::, r n � :- r + awYuaLnrr I r ,, e � aP9"i uiaYYrawA, � '� tmcu NItY NC+l01A i1. 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