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HomeMy WebLinkAbout99-08 CC OrdinanceORDINANCE NO. 99-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE CAMPOS VERDES SPECIFIC PLAN (NO. 1) OF THE CITY OF TEMECULA, NORTHEAST OF THE INTERSECTION OF MARGARITA ROAD AND NORTH GENERAL KEARNY ROAD (SOUTH OF WINCHESTER ROAD) AND KNOWN AS ASSESSOR'S PARCEL NOS. 910-130-056, 910-130- 059, 910-130-060, 921-090-052, 921-090-058, 921-090-059, 921- 090-060 AND 921-090-061 (PLANNING APPLICATION PA99- 0015). WHEREAS, Section 65800 of the Government Code provides for the adoption and administration of zoning laws, ordinances, rules and regulations by cities to implement such general plans as may be in effect in any such city; and WHEREAS, Sections 65860 of the Government Code requires that a zoning ordinance shall be consistent with the adopted general plan of the city; and WHEREAS, there is a need to amend the Campos Verdes Specific Plan to accurately reflect private property and to be consistent with the adopted General Plan; and WHEREAS, the Planning Commission held a duly noticed public hearing on February 3, 1999, and recommended that the City Council approve the attached amendments to the Campos Verdes Specific Plan as shown in Attachment 1 of Exhibit B (Amendment No. 1 to the Campos Verdes Specific Plan); and WHEREAS, that this Ordinance complies with all the applicable requirements of State law and local ordinances; and WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecula Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and, WHEREAS, the City Council has held a duly noticed public hearing on March 23, 1999 to consider the proposed amendments to the Campos Verdes Specific Plan. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. That the above recitations are true and correct. Section 2. FINDINGS (Specific Plan Amendment) A. The City Council in approving the proposed Specific Plan Amendment, makes the following findings, to wit: Planning Application No. PA99-0015 (Amendment No. 1 to the Campos Verdes Specific Plan) as proposed and conditioned is compatible with the health, safety and welfare of the community. R:Ords 99-08 1 Planning Application No. PA99-0015 (Amendment No. 1 to the Campos Verdes Specific Plan) is consistent with the goals and policies of the City's .adopted General Plan. 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 site and is consistent with the overall concept of Specific Plan No. 1. The amendment to Specific Plan No. 1 does not increase the impacts associated with the development of the overall intensity of the development as analyzed in Environmental Impact Report No. 348. Section 3. AMENDMFNTS TO THF CAMPOS VFRDFS SPFCIFIC PLAN: The City Council hereby amends the Campos Verdes Specific Plan for the City of Temecula for as specified below and as shown on Attachment 1 of Exhibit B (Amendment No. 1 to the Campos Verdes Specific Plan): A. The ten (10) acre elementary school site in Planning Area 7 has been increased by ten (10) acres and will now accommodate a 20-acre middle school. B. The park site in Planning Area 1 has been decreased by 7.6 acres to 3.1 acres. The park site will primarily serve Campos Verdes residents and not residents from other developer projects as previously contemplated by the adopted Specific Plan. C. The residential component of the Land Use Plan has decreased in size. The residential area has been reduced from 72.2 acres to 57.9 acres, a reduction of 14.3 acres. The number of dwelling units has been reduced from 308 to 242, a reduction of 66 dwelling units. Planning Area 3 has been reduced from 76 to 75, Planning Area 5 decreased from 86 dwelling units to 63, Planning Area 6 decreased from 72 to 46 dwelling units, Planning Area 8 decreased from 56 dwelling units to 42, and Planning Area 9 decreased from 18 to 16 dwelling units. D. The commerdal areas have been increased by a total of 8 acres. Planning Area 4 which will consist entirely of retail commercial uses, has increased by 5.5 acres, and the commercial/office/church component of Planning Area 2 has increased by 2.5 acres. E. Sanderling Way at the boundary of Campos Verdes and Roripaugh Estates and Rodpaugh Road at the boundary of Campos Verdes and Rodpaugh Estates shall be closed to through traffic. The Developer shall install a decorative gate at each location to effect the closure. The gate shall be equipped with a "Knox Box" to allow emergency access to the streets and shall provide for pedestrian access through the gate. The location, design, and landscaping for the gates and areas surrounding them shall be approved by the Director of Community Development. F. In those areas in which a retaining wall will exceed six feet (6'), the Developer shall install a crib wall with landscaping and irrigation, subject to approval of the plans for the crib wall and landscaping by the Director of Community Development. In those areas in which the retaining wall is less than six feet (6'), the Developer shall have the option of installing a crib wall with landscaping and irrigation or a retaining wall screened with landscaping, subject to approval of the plans for the crib wall or landscaped retaining wall by Director of Community Development. The Director of Community Development may waive the requirements of this section for a crib wall or R:Ords 99-08 2 landscaped retaining wall upon the mutual written agreement of the Developer and adjacent landowners to fill the ditch on the border of the Tract and replace the existing fencing. Section 4. FNVIRONMFNTAI RFVIFW The City Council, based upon the information contained in the Initial Environmental Study, finds that the changes proposed to the Campos Verdes Specific Plan were determined to be minor based on an environmental Addendum (No. 4) to the Campos Verdes Specific Plan Environmental Impact Report (EIR No. 348). The addendum concluded that the changes did not increase the impacts associated with the development or the overall intensity of the development as analyzed in the original Environmental Impact Report. The environmental addendum contained a comparative analysis of impacts and mitigation measures. This analysis concluded that the proposed changes to the Campos Verdes Specific Plan are substantially the same as or less than the impacts analyzed in the certified EIR. In addition, there is no new information that was not known at the time the EIR was certified and completed. Therefore, no significant impacts or additional mitigation measures are required given the existing mitigation measures contained in the certified EIR No. 348. The mitigation measures prepared for the Environmental Impact Report (EIR) will be applied to this project. The Environmental Addendum to Environmental Impact Report No. 348, therefore, is hereby adopted. Section 5. SFVFRABILITY The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 6. NOTICF OF ADOPTION The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted as required by law. Section 7. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to the adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five days prior to the adoption of this Ordinance. Within 15 days from adoption of this Ordinance, the City Clerk shall publish a summary of this Ordinance, together with the names of the Councilmembers voting for and against the Ordinance, and post the same in the office of the City Clerk. Section 8. PASSED, APPROVED AND ADOPTED this 13t f April, 1999. yen J. Ford, Mayor ATTEST: Susan W. Jones, R:Ords 99-08 3 STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss CITY OF TEMECULA) I, Susan W. Jones, City Clerk of the City of Temecula, California, do hereby certify that the foregoing Ordinance No. 99-08 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 23rd day of March, 1999, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council of the City of Temecula on the 13th day of April, 1999 by the following roll call vote: AYES: 5 COUNCILMEMBERS: Comerchero, Lindemans, Roberts, Stone, Ford NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Susar W. Jones, CMC City Clerk R:Ords 99-08 4