HomeMy WebLinkAbout02-067 CC ResolutionRESOLUTION NO. 02-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA REMOVING A CONDITION OF APPROVAL FOR
AMENDMENT NO. 7 OF THE PALOMA DEL SOL SPECIFIC
PLAN, ALSO KNOWN AS PLANNING APPLICATION 99-0285
(PLANNING APPLICATION 02-0299)
WHEREAS, del Sol Investment Company LLC by and through Newland Communities
filed Amendment No. 7 to the Paloma del Sol Specific Plan (Planning Application No. 99-0285),
in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered Planning Application No. 99-0285 on
September 15, 1999, September 29, 1999, and October 6, 1999, at duly noticed public hearings
as prescribed by law, at which time the City staff and interested 3ersons had an opportunity to,
and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Planning Commission hearings and after due
consideration of the testimony, the Planning Commission recommended approval of the
Application subject to and based upon the findings set forth hereunder;
WHEREAS, the City Council considered this application on October 19, 1999,
November 9, 1999 and November 16, 1999, at which time interested persons had opportunity
to, and did testify either in support or opposition to Planning Application No. 99-0285;
WHEREAS, during the Public testimony, representatives of the property owned by
Corona family testified about the potential for flooding impacts on their adjacent property;
WHEREAS, the City Council added Condition of Approval No. 7 to encourage Newland
Communities and the Corona family to pursue a solution to address the asserted flooding
issues;
WHEREAS, the City Council approved Planning Application 99-0285, subject to the
Conditions of Approval on November 16, 1999;
WHEREAS, Representatives of the City of Temecula, Newland Communities, and the
Corona family have met on numerous occasions to discuss resolution of the flooding issue;
WHEREAS, Newland Communities submitted a letter to the City of Temecula on April
17, 2002 asserting their belief that a mutually acceptable compromise was not possible and
accordingly requesting relief from Condition of Approval No. 7;
WHEREAS, this amendment to the entitlement granted to the Applicant was processed
including, but not limited to public notice, in the time and manner prescribed by State and local
law;
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WHEREAS, the City Council considered the application for relief from Condition of
Approval No. 7 for Planning Application No. 99-0285 on July 9, 2002 and July 23, 2002, at a
duly noticed public hearing as prescribed by Resolution No. 90-04, as amended, at which time
the City staff and interested persons had an opportunity to, and did testify in regards to the
matter;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct and are hereby incorporated
by reference.
Section 2. Findin.qs. That the City Council, in approving the request for relief from
Condition of Approval No. 7 for Planning Application No. 99-0285, hereby finds that (1) Newland
Communities has conducted negotiations with representatives of the Corona family as required
by Condition of Approval No. 7, (2) significant improvements have occurred in the negotiations
for a reasonable compromise, and (3) has been unable to arrive at a mutually acceptable
compromise. The City Council hereby terminates the restriction placed upon Newland
Communities as is set forth in Condition of Approval No. 7 and repeals Condition of Approval
No. 7 for Planning Application 99-0285.
Section 3. Environmental Compliance. The City Council adopted Addendum No. 3 to
the Environmental Impact Report for the Paloma del Sol Specific Plan on November 9, 1999.
Addendum No. 3 addressed the issues related to the proposed Specific Plan Amendment No. 7.
The primary changes associated with Amendment No. 7 involved modifications to the land uses
in the southwestern portion of the Plan. Addendum No. 3 did not identify any new or expanded
impacts associated with Amendment No. 7 and concluded that the impacts to the environment
were either the same or slightly less than previously identified in the original Final Environmental
Impact Report and Addenda 1 and 2. The Condition of Approval being considered for removal
was applied to Specific Plan Amendment No. 7 to encourage a negotiated settlement to
concerns raised by an adjacent property owner and is not a mitigation measure.
Section 15162 of the CEQA Guidelines established criteria to assist the Lead Agency is
determining when additional environmental review is necessary. The criteria and
determinations are as follows:
A. Substantial changes have been made to the project that require major revisions
to the previous environmental documents. The removal of Condition No. 7 does not change
the size, scale, or magnitude of the development envisioned with this project that was
considered and evaluated in the previous environmental documents. As a result, no additional
environmental review is required.
B. Substantial changes have occurred in surrounding area that require major
revisions to the previous environmental documents. There have been no substantial changes
to the project locale. The local setting has not substantially changed since the project was
previously considered and evaluated in the previous environmental documents. Removing the
condition allows the previously approved project to proceed as envisioned in the Specific Plan.
As a result, no additional environmental review is required.
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C. New Information that was not known when the previous environmental
documents were prepared. No new issue areas or substantial changes in the facts have
occurred since the project was previously considered by the Planning Commission and City
Council. Drainage and flood control issues were addressed in the original environmental
documents. As a result, no additional environmental review is required.
The City Council hereby finds that the removal of this condition of approval does not meet the
standards of Section 15162 that could require that a new environmental document be prepared,
and that the Paloma del Sol Specific Plan is consistent with the project considered in the
previously certified environmental impact reports and addenda.
Section 4. PASSED, APPROVED AND ADOPTED by the City Council of the City of
Temecula this 23rd day of July 2002.
-'~onal~l Roberts, Mayor
ATTEST:
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that
Resolution No. 02-67 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 23rd day of July, 2002, by the following vote:
AYES:
4 COUNCILMEMBERS: Comerchero, Naggar, Roberts, Stone
NOES: I COUNCILMEMBERS: Pratt
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0
COUNCILMEMBERS:
Susan Wi, Jones, CMC
~ J City Clerk
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