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HomeMy WebLinkAbout98-003 CC ResolutionRESOLUTION NO. 9803 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~ APPROVING PLANNING APPLICATION NO. PA97-0392 (CONDmONAL USE PERMI'13 AND DENYING PLANNING APPLICATION NO. PA97-0392 (CONDITIONAL USE PERMIT- APPEAL), UPHOLDING THE PLANNING COMMW~SION'S DECISION APPROVING ln_.ANNING APPLICATION NO. PA97-0392 (CONDITIONAL USE PERMIT), TO PERMIT THE DESIGN, CONSTRUCTION AND OPERATION OF A TOTAL OF 203,300 SQUARE FE~T OF RET~AIL, RESTAURANT, ARCADES, THEATERS AND SHOPS AND ASSOCIATED IMPROVEb!F. IqTS (HARDSCAPE, PARKING AND LANDSCAPING) ON 16.$ ACRF~ LOCAT!~I~ WEST OF OLD TOWN T~VIECULA (100 FF~ET WEST OF PUJOL STREET), 700 FEET SOUTH OF RIDGE PARK DRIVE/VINCENT MORAGA DRIVE AND EAST OF THE CITY'S WESTERN BORDER, ~ THE WESTSIDE SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 940-310-013, 940-310-044, 940-310-045, 940-310-047, 940-310-048, 940-320-001, 940-320-002, 940-320-003 BASED UI~N THE ANALYSIS CONTAINED IN THE STAFF REPORT SUBJECT TO ~ CONDITIONS OF APPROVAL ON FILE IN THE CITY CLERK'S OFFICE. WHEREAS, TEV, Inc. filed Planning Application No. PA97-0392 (Conditional Use Permit) in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA97-0392 (Conditional Use Permit) was processed in the time and manner prescribed by State and local law; WHEREAS, the Planning Commission considered Planning Application PA97-0392 (Conditional Use Permit) on December 15, 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 in opposition; WHEREAS, at the public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating to Planning Application No. PA97-0392 (Conditional Use Permi0; WHEREAS, at the conclusion of the Commission hearing, the Commission approved Planning Application No. PA97-0392 (Conditional Use Permit); WHEREAS, Planning Application No. PA97-0392 (Conditional Use Permit- Appeal) was filed by Albert S. Pratt on December 22, 1997, requesting the City Council deny the approval Ro~o~\98-03 1 of the Planning Commission and require a subsequent or supplemental Environmental Impact Report be prepared for the project; and ~, the City Council received a copy of the Commission proceedings and Staff Report regarding Planning Application No. PA97-0392 (Conditional Use Permit); NOW, T!~!~'~ORE, THE CITY COUNCIL OF THE CITY OF T!~!ECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. findings; to wit: Findings. That the Temecula City Council hereby makes the following 1. The Project has been the subject of extensive prior environmental review and that no additional environmental review is needed for the following reasons: A. On luly 13, 1995, foilowing a duly noticed public hearing, the City Council of the City of Temecula adopted Resolution No. 95-49 entitled 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CERTIFYING PLANNING APPLICATION NO. 95-0031 (FINAL ENVIRONMENTAL IMPACT REPORT) ADOPTING FINDINGS OF FACT AND STATF_,MF~NTS OF OVERRIDING CONSIDERATION AND APPROVING THE MITIGATION MONITORING PROGRAM ON PROPERTY GENERALLY LOCATED WEST OF INTERSTATE 15, EAST OF THE CITY'S WESTERN BORDER, SOUTH OF RANCHO CALIFORNIA ROAD AND NORTH OF THE SANTA MARGARITA RIVER," certifying the Environmental Impact Report for the Westaide Specific Plan and Planning Application No. PA95- 0003 (Westside Specific Plan) and changing the zone from R-A-20 (Residential Agricultural - Twenty Acre Minimum Parcel Size) to S-P (Specific Plan) for the Property. B. An amendment to the project was approved by the Planning Commission on March 18, 1996 and by the City Council on March 26, 1996, at which time a finding was made that no further environmental review was required for the project; C. The Staff of the Planning ~t has prepared an Initial Environmental Study 0ES), dated September 17, 1997, analyzing the proposed Development Plan and the prior environmental actions on the Project, which IES is incorporated herein by this reference. D. An Initial Environmental Study (IF.S) was conducted to determine if the project was within the scope of the previously certified Environmental Impact Report (EIR) for the Old Town Redevelopment Project (Planning Application No. PA95-0031). Based upon this analysis, staff determined an Addendum to the previously certified Ell{ be prepared pursuant to Section 15164 of the California Environmental Quality Act (CEQA) Guidelines. The Addendum was prepared because changes and additions were necessary for the project, but none of the conditions described in Section 15162 of the Guidelines calling for the preparation of a subsequent EIR have occurred. Mitigation measures approved with the Old Town Redevelopment Project (Planning Application No. PA95-0031) will apply to this project. E. The proposed Project incorporates the provisions of the City's Cmeml Plan, the Westside Specific Plan, the current zoning reguhtions for the Property, the Mitigation Plan of Planning Application No. PA95-0031 (Final Environmental Impact Report) and such othe~ ordinances, rules, regulations and official policies governing permitted uses, density, design, improvement, development fees, and consrotation standards applicable to the Property. All of the components of the proposed Project which might ffffect the environment were discussed and analyzed in Planning Application No. PA95-0031 (FEIR). Minor changes to the project have been reviewed and examined in an Addendum to Planning Application No. PA95-0031 (FEIR). F. Based on the evidence in the record before it, and after careful consideration of the evidence and the Addendum, the Planning Commission on October 6, 1997 and the City Council on November 18, 1997 made findings and determined that neither a Subsequent EIR or a Supplemental EIR was required pursuant to Public Resources Code Section 21166, 14 Cal. Admin. Code Sections 15162 or 15163. G. The elements of the Project, as described in the Conditional Use Permit were contemplated and fully and properly analyzed in the EIR certified and approved by the City Council on July 13, 1995 and the Addendum adopted on November 18, 1997. H. There have been no subsequent changes to the Project which would require major revisions of the previous FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. I. Substantial changes have not occurred with respect to the circumstances under which the Project is undertaken which will require major revisions of the previous FEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. I. There is no new information since the certification of the previous FEIR which would show or tend to show that the Project might have one or more significant effects not discussed in the previous FEIR. K. There is no new information since the certification of the previous FEIR which would show or tend to show that significant effects previously examined might be substantially more severe than shown in the FEIR. L. There is no new information since the certification of the FFJlR which would show or tend to show that mitigation measures or altenmfive previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project. Rm~\98-03 3 M. Thexe is no new information since the ceaifiol~ of tbe FEIR which would show or tend to show that mitigation measures or alternatives which are considerably different from those analyzed in the previous FEIR would substantially reduce one or more significant effects on the environment. Section 2. findings; to wit: Finding. That the Temecula City Council hereby makes the following 1. The proposed conditional use is consistent with the General Plan and the Development Code. The project meets the Goals and Objectives of the General Plan, is consistent with the Design Guidelines and Development Standards of the Westside Specific Plan and the applicable sections of the City's Development Code. 2. The proposed conditional use is compatible with the nature, condition, and development of adjacoat uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The project is consistent with the Design Guidelines and Development Standards of the Westside Specific Plan and the applicable sections of the City's Development Code. The uses on-site will be compatible with each other in terms of intensity of use, scale and design. The uses proposed are consistent with the Westside Specific Plan and are allowed with the approval of a Conditional Use Permit. There is adequate buffering between those uses on-site and those uses which are adjacent (off-site). 3. The site for a proposed conditional use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. The project is consistent with the Design Guidelines and Development Standards of the Westside Specific Plan and the applicable sections of the City's Development Code. The uses on-site will be compatible with each other in terms of intensity of use, scale and design. The uses proposed are consistent with the Westside Specific Plan and are allowed with the approval of a Conditional Use Permit. There is adequate buffering between those uses on-site and those uses which are adjacent (off-site). 4. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project as designed and conditioned will not be detrimental to the health, safety and general welfare of the community. 5. The decision to conditionally approve the application is based upon substantial evidence in view of the record as a whole before the Planning Commission. The Commission has received a copy of the Staff Report which includes the necessary analysis, findings and Conditions of Approval. In addition, the Commission has previously reviewed and recommended approval of an EIR and Addendum to the EIR, both of which were certified/adopted by the City Council and which addressed the impacts of this project on the environment and the necessary mitigation measures. R~o~\98-03 4 Se~ion 3. C. onditinn~. That the City Council of the City of Temecula hereby approves Planning Application No. PA.97-0392 (Condi~ Use Permit) and denying Planning Application No. PA97-0392 (Conditional Use Permit - Appeal), upholding the Planning Commission's decision approving Planning Application No. PA97-0392 (Conditional Use Permit), to permit the design, construction and operation of a total of 203,300 square feet of retail, restaurant, arcades, theaters and shops and associated improvements (hardscape, parking and landscaping) on 16.5 acres located west of Old Town Temecuta (100 feet west of Pujol Street), 700 feet south of Ridge Park Drive/Vincent Moraga Drive and east of the City's western border, within the Westside Specific Plan and known as Assessor's Parcel No. 940-310-013, 940-310-0~, 940-310-045, 940- 310-047, 940-310-048, 940-320-001, 940-320-002, 940-320-003 based upon the analysis contained in the Staff Report and subject to the Conditions of Approval set forth on 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, at a regular meeting held on the 13th day of January, 1998. ATTEST: [SEAL] R~sos~8-03 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the foregoing Resolution No. 98-03 was duly adopted at a regular meeting of the City Council of the City of Temecula on the 13th day of ~anuary, 1998, by the following roll call vote: AYES: 4 COUNCILMEMBERS: Comerchero, Ford, Lindemans, Roberts NOES: 0 COUNCILMEMBERS: ABSTAIN: 1 COUNCILMEMBERS: Stone Greek, M~AE 'C-ity-~lerk Re~o~\984B 6 EXHIBIT A ON FILE IN THE CITY CLERKS OFFICE