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Home My WebLink About97-01 CC OrdinanceORDINANCE NO. 97-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA96-0106 (ZONING AMENDMENT, SPECIFIC PLAN NO. 219) AMENDING PLANNING AREAS 1, 2, 6, 9, 14, 27, 28, 29, 36 AND 37 OF PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE AND ADDING PLANNING AREA 38 TO THE PALOMA DEL SOL SPECIFIC PLAN AND SPECIFIC PLAN ORDINANCE, ON PROPERTY GENERALLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950-020-009 THROUGH 950-020-025, 950-020-027, 950-020-029, 955-030-002 THROUGH 955-030-004 AND 955-030-006 THROUGH 955-030-011 THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. Fines The City Council in approving Planning Application No. PA96- 0106 (Zoning Amendment, Specific Plan No. 219), makes the following findings, to wit: 1. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) is consistent with the City's General Plan, due to the fact that the subject request is in substantial conformance with the proposed General Plan Land Use Plan amendment and the Village Center Overlay amendment. 3. Specific Plan No. 219 for development of Paloma del Sol was incorporated into Amendment and Restatement of Development Agreement between the City of Temecula and KRDC, Inc. and Mesa Homes ("Development Agreement"), the predecessor -in -interest to Newland Associates, Applicant for Specific Plan No. 219, Amendment No. 5. The Development Agreement was approved by the City Council of the City of Temecula and recorded on February 18, 1993 ("Effective Date") in the Official Records of the Riverside County Recorder. Ords\97-01 The applicant and the City have agreed to include certain standards in the Specific Plan Amendment No. 5 pertaining to the Village Center Design Guidelines and roadway cross-sections which are now requirements of the City's current General Plan but were not included as part of the General Plan in effect when the Development Agreement was recorded. These agreed upon standards are: A. The Applicant has added Design Guidelines in Section IV of Specific Plan 219 entitled 'D. Village Center Design Guidelines". B. The Applicant has amended the u4rterzal Highway" and 'Major Road"cross-sections on Figures 5A and 5B of Specific Plan 219 to conform to the City's General Plan 'Arterial Highway" and 'Major Road" cross-sections. The City further finds that the applicant's acceptance of the City's General Plan "Arterial Highway" and "Major Highway" cross- sections is based on certain understandings and arrangements reached with the City whereby any costs of implementation will be reimbursed to the Applicant. C. The Applicant has amended the 'Highway 79" cross-section on Figure 5B of Specific Plan 219 to increase paved area and to reduce the parkway area in accordance with current State of California criteria. 4. The City Council finds and determines that the changes to the existing development approvals for Paloma del Sol proposed in Specific Plan 219, Amendment No. 5, are deemed to be "minor" as defined in Section 14.3 of the Development Agreement and do not require an amendment to the Development Agreement. The City finds and determines that by accepting the City's new General Plan standards of development as set forth in this Section, the Applicant has not waived any of its vested development rights under the Development Agreement. 5. The project is compatible with surrounding land uses. The project consists of the modification to an existing Specific Plan, with an overall reduction in density. Ultimate development of the site will be consistent and compatible with the existing land use in the area. 6. 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 area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 7. The changes proposed in the approved Specific Plan are minor and do not increase the impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 2. Environmental Compliance, The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific Plan No. 219 and was certified by the County Board of Supervisors. It has been eight (8) years Ords\97-01 since the environmental analysis was performed for this project. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staff s opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. The City Council hereby determines that the project is consistent with a project for which an Environmental Impact Report was previously certified. Section 3. Conditions. That the City of Temecula City Council hereby approves Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) on property generally located north of SR79 South, east of Meadows Parkway (north) and Margarita Road (south), south of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Numbers 950- 020-001 through 950-020-004, 950-020-009 through 950-020-025, 950-020-027, 950-020-029, 955-030-002 through 955-030-004 and 955-030-006 through 955-030-011, subject to Exhibit A, attached hereto, and incorporated herein by this reference and made a part hereof. Section 4. 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. Ords\97-01 3 — Section 5. PASSED, APPROVED, AND ADOPTED this 11th day of January, 1997. Patricia H. Birdsall, Mayor ATTEST: Ju . Greek, CMC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) SS CITY OF TEMECULA I, June S. Greek, City Clerk of the City of Temecula, California, do hereby certify that - the foregoing Ordinance No. 97-01 was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 28th day of January, 1997, 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 11th day of February, 1997 by the following roll call vote: AYES: 5 COUNCILMEMBERS: Ford, Lindemans, Roberts, Stone, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: Oras\97-01 4 None June S. Greek, CMC City Clerk I EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) Project Description: Amend Specific Plan No. 219 (Paloma del Sol), Amendment to existing Planning Areas 1, 2, 6, 9, 14, 27, 28, 29, 36 and 37 of Paloma del Sol Specific Plan and Specific Plan Ordinance, adding Planning Area 38 to the Specific Plan and Specific Plan Ordinance Approval Date: Expiration Date: PLANNING DEPARTMENT General Requirements 1. 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 the Planning Application No. PA96-0106 (Zoning Amendment, Specific Plan No. 219) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 pl =., 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. 2. The applicant shall comply with all underlying conditions of approval for Specific Plan No. 219, and its amendments, unless superseded by these conditions of approval. 3. The amendment to the Specific Plan text shall conform with Attachment No. 6 (Specific Plan Text) 4. The amendment to the Specific Plan Ordinance shall conform with Attachment No. 7 (Specific Plan Ordinance). 1 R-1.WAFFRPn106PA96.CC2 1/15/97 mf 16 ' Within Thirty 130) Days From the Second Reading of The Ordinance Approving the Amendment 5. The applicant shall submit the Amended Specific Plan text to the Planning Department. Prior to the Certificate of Occupancy for any Building in Planning Area 1 6. The Minor Community Entry Statement identified on Figure 15A of the Specific Plan shall be installed. OTHER AGENCIES 7. The applicant shall comply with the recommendations outlined in the Eastern Municipal Water District transmittal dated July 12, 1996, a copy of which is attached. 8. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated June 26, 1996, a copy of which is attached. 9. The applicant shall comply with the recommendations outlined in the California Department of Transportation's transmittal dated June 17, 1996, a copy of which is attached. 10. The applicant shall comply with the recommendations outlined in the County of Riverside Department of Environmental Health's transmittal dated November 4, 1996, ' a copy of which is attached. RASTAFFRPm06PA96.CC2 1/15/97 mf 17 Eastern Municipal .v . a(erDistrict Grnr,.l Alnae. john B. Bmdin Cg.[ C..md Rtd+Int and Sh,,,,U Dimn., .f im M m.p4un 1Cam, Dlmnm f S...h,- GGf.-. Chuan C. GlIben 7mvum J.,,h J. Kutbhr, CPA Matthew Fagan Planning Department City of Temecula P.O. Box 9033 Temecula, CA 92589-9033 July 12, 1996 Marlon V AJJry. Preidma %durd R. Hill. Yre Prmihn, Rodger D. Sim, Ma ,d). Shwon C6p.n A Raco,d. 1, 5— 17 Mary C. AN,, SUBJECT: PA96-0106/0107 (Meadows B.P. No. 219, Paloma Del Sol) - Ayency Case Transmittal Dear Mr. Fagan: We have reviewed the materials transmitted by your office which describe the subject project. The subject project is located north of Highway 79, west of Butterfield Stage Road, south of Pauba Road and east of Margarita Road in the City of Temecula. The subject project has already been submitted by the developer to the District for review. In fact, construction has already begun on some of the sewer facilities within the Paloma Del Sol development. According to the provided Summary of Changes Table, the total number of dwelling units decreases from 5604 to 5584. In addition, the same table indicates the total commercial area decreases from 31.5 acres to 12.5 acres. Due to the stage of sewer facility construction and the expected relatively minor changes in sewer flows, the proposed land use changes do not warrant subsequent changes in the planned sewer facility sizes. Hence, our current plan for serving the subject project will remain unchanged. Upon receiving notice of the proposed changes being approved, we Will update our databases to include the revised land use figures. Mail to: Post Office Box 8300 San Jacinto, California 92581-8300 Telephone (909) 925-7676 Fax (909) 929-0257 Main Office: 2045 S. San Jacinto Avenue, San Jacinto Customer Service / Engineering Annex: 440 E. Oakland Avenue, Hemet, CA Operations & Maintenance Center: 2270 Trumble Road, Perris, CA 92571 Telephone (909) 928-3777 Fax (909) 928-6177 ' Mr. Matthew Fagan PA 96-0106/0107 July 12, 1996 Page 2 Thank you for soliciting our concerns and if you have any questions regarding the above matter, please call me at (909) 766-1810. Sincerely, EASTERN MUNICIPAL WATER DISTRICT Mike Gow, P.E. Civil Engineer Customer Service Department MAG/mag J:\WORDPROC\WP\NLN BV51. 11\GOW\Cepa0106.196 , 1, 3 ' JVN 2 81996 June 26, I996 Ar'LS'a..,.e., Rant*ho WMr. Matthew Fagan Associate Planner ",Durr, City of Temecula Post Office Box 9033 Temecula, CA 92559-9033 .'lirbeel H. M .m llon V.' " °` SUBJECT: Water Availability R.I,h H. Dui, Paloma Del Sol Specific Plan c.hn F. K. Planning Application No. PA96-0106 Doug K"Iherp IefGey L. M:u"ler Dear Mr. Fagan: .<orpe M. Wootls Please be advised that the above-referenced property is located within the .1ohnFHenn.Rer boundaries of Rancho California Water District (RCWD). Water service, therefore, would be available upon completion of financial arrangements Phillin.pLForber between RCWD and the property owner. Dveau! Finunre Tr..rurer ' E.P.`UTIWLemnns The Developer will be required to construct all on-site and off-site water facilities required by RCWD to service the individual developments. The " ` K'"""'D`"'" Developer(s) should contact RDWD for fees and requirements. ❑n a of C. Water availability would be contingent upon the property owner signing an nn,r"11.- Livau M. FreRoro Agency Agreement which assigns water management rights, if any, to RCWD. Uraana _ir. re:. p' c.MirhRdcuWerr If you have any questions, please contact an Engineering Services tlnrt. Pear & 1vieler ^" Representative. 1 I, Sincerely, RANCHO CALIFORNIA WATER DISTRICT Steve Brannon, P.E. Development Engineering Manager wr9h/$e:L W:n%007TOI 2iFEF cc: Laurie Williams. Engineering Services Manager H:mchn lulifnrn a N'utur Ili�trlc, L'lll. AC1no0e�o.. l6al �.,.iHi... ❑.,. m.i m. uila r .n. .semi mi e -i ii mi n -e ui r STATE OF CALIFORNIA—BUSINESS. TRANSPOk. N AND MOUSING AGENCY PETE WILSON, Go••,no, DEPARTMENT OF TRANSPORTATION ' DISTRICT 8. P.O. BOX 231 ' SAN BERNARDINO. CALIFORNIA 92102 . TDD 19091 383-5959 I•.. -.J July 17, 1996 06-Riv-79-17.3 Mr. Matthew Fagan Associate Planner Temecula Planning Department 43174 Business Park Drive Temecula, CA 92590 Dear Mr. Fagan: Planning Application No. PA96-0106 and Planning Application No. PA96-0107 ' We have reviewed the above -referenced documents and request consideration of the following comment: • It has been mutually discussed that the ultimate plan for State Route 79 (SR 79) in the project area is a six (6) lane, limited -access facility within a 134' right of way over a new alignment. The City of Temecula should develop policies and procedures to preserve the needed right of way, and maintain and improve the current facility. A Memorandum of Understanding (MOU) between the State of California, Department of Transportation (Caltrans) and the city of Temecula was finalized on November 13, 1995. This MOU serves as a guideline for new development and upgrade or realignment of SR -79. The following excerpts are from this MOU: 1. Route 79 is planned for up to three lanes in each direction for through traffic and up to two lanes in each direction for local circulation. Realignment may be necessary upon future development along Route 79. n Mr. Matthew Fagan July 17, 1996 Page 2 2. The City shall hereafter protect the right-of-way for said realignment by limiting development approvals for South Route 79 as follows: a. Intersections will be spaced at 1/9 mile increments and limited access driveways at 1/8 mile spacing from Interstate 15 (I-15) to Anza Road. • Concerning drainage, care should be taken when developing this project to preserve and perpetuate the existing drainage pattern of the state highway. Particular consideration must be given to cumulative increased storm runoff to insure that a highway drainage problem is not created. This project will require an encroachment permit if there is any work, including work pertaining to: access, grading, and drainage, within the State highway right of way; the Department of Transportation would be a responsible agency and may require certain measures be provided as a condition of permit issuance. • The developer must obtain an encroachment permit from the District 8 Permits Office prior to beginning work. Their address and phone number are listed below: Encroachment Permits California Department P. 0. Box 231 San Bernardino, CA 92902 (909) 383-9536 of Transportation If you have any questions, please contact Cecil Karstensen at (909) 383-5922 or FAX (909) 383-7939. Sincerely, J = ROBERT G. HARVEY, Chief (I Office of Riverside County Transportation Planning and Public Transportation Imonday November G 19% 4:29 -- Page 1 NOV-04-96 MON 0525 PH EM .ENTAL HEALTH FAX NO. County of Riverside DEPARTMENT OF ENVIRONMENTAL HEALTH TO: CITY OF TEMECULA ATTN: Matthew Fagan, Associate Planner FROM: John C. Silva, P.E., Sr. Public Health Engineer RE: Paloma Del Sol -Final Conditions P.01 DATE: November 4, 1996 This memo is to respond io the proponents letter of September 30, 1996 regarding the use of reclaimed water throughout the project. This topic was brought to the attention of your proponent in our July 16, 1996 memo. (copy attached) in your proponents response to our memo, it states " the project could therefore utilize 343,000 gallons per day of reclaimed water for irrigation ......once EMWD implements its Rancho Non -Domestic Water Distribution System". The point that needs to be stated to the proponent is that, "it should be a requirement to utilize ' reclaimed water throughout the project', as noted Specifically, 343,000 gallons per day divided by 350 gallons per household per day equates to the equivalent of the water savings of 980 dwelling units or homes. This fresh - drinlong water could then be repurified at the treatment plant and reused within the project area. Thus, the demand to import water into the project area would be eliminated. Please call me at (909) 275-8980 if you have any questions. 7— u