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HomeMy WebLinkAbout02-112 CC ResolutionRESOLUTION NO. 02-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99- 0298 (GENERAL PLAN AMENDMENT) FOR THE RORIPAUGH RANCH SPECIFIC PLAN AND ADOPTING SPECIFIC PLAN NO. 11 (PLANNING APPLICATION NO. 94-0075) ON PARCELS TOTALING 804.7 ACRES LOCATED NEAR THE FUTURE INTERSECTION OF BU'I-rERFIELD STAGE ROAD AND NICOLAS ROAD, AND KNOWN AS ASSESSOR PARCEL NOS. 957-130-001 AND 002, 957-340-001, 003, 007, 008, AND 958- 260-001 AND 002. WHEREAS, Ashby USA, LLC filed Planning Application Nos. PA94-0075 and PA99- 0298 (the "Application"), in a manner in accord with the City of Temecula General Plan, Development Code, CEQA Guidelines and California State CEQA Guidelines; 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 the Application on October 16, 2002, at duly noticed public hearings as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Commission hearings and after due consideration of the testimony, the Commission recommended approval of the Application subject to and based upon the findings set forth hereunder; WHEREAS, the City Council considered the Application on November 26, 2002, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter; WHEREAS, at the conclusion of the Council hearing and after due consideration of the testimony, the Council approved of the Application, and certified the Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan as amended; 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. Findings. That the City Council, in approving the Application, hereby makes the following findings as required in Chapter 17.16 of the Temecula Municipal Code: R:/Resos 2002,/Resos 02-112 1 General Plan Amendment. A. The project as proposed and conditioned is compatible with the health, safety and welfare of the community. The project has been reviewed by agencies and staff and determined to be in conformance with the City's General Plan, Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. Access and circulation are adequate for emergency vehicles. B. The project is compatible with surrounding land uses. The project proposes similar residential neighborhoods adjacent to existing surrounding neighborhoods as it provides a transition in lot sizes, with interface buffers and full roadway improvements. C. The proposed project will not have an adverse effect on the community because it remains consistent with the goals and policies of the adopted General Plan. The project does not represent a significant change to the planned land uses for the site. The General Plan Amendment is a relocation and reallocation of existing land use designations that conforms to the design of the specific plan. Specific Plan A. The proposed specific plan is consistent with the General Plan, as it is proposed to be amended, and development code. The proposed Specific Plan is consistent with the goals and policies of the general plan and development code. The Specific Plan is a reallocation and redistribution of the majority of the existing Land Use Designations and serves as an implementation tool for the General Plan. Therefore, as proposed, the Specific Plan is consistent with the general plan, as it is proposed to be amended, and development code. B. The proposed Specific Plan would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project has been reviewed by agencies and staff, and is determined to be in conformance with the City's General Plan (as it is proposed to be amended), Development Code, Design Guidelines and Growth Management Program Action Plan. These documents set policies and standards that protect the health, safety and welfare of the community. In addition, the Specific Plan is a master planned community with specific design guidelines and standards that ensure compatibility and interface with the surrounding community in terms of density, design and circulation since it provides a transition in lot sizes. Therefore, as proposed, conditioned and designed, the Specific Plan is compatible with the health, safety and welfare of the community. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. There are no physical constraints of the site which would preclude or prohibit the requested land use designations or anticipated developments. Moreover, the proposed Specific Plan land uses are consistent with the land uses of the General Plan and will serves as the tool to regulate and implement the goals and policies of the General Plan. The applicant has submitted applications for Tentative Tract Maps which indicate that the site is physically suitable for the land uses and development proposed in the Specific Plan. D. The proposed project shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood as it provides a transition in lot sizes. The project proposes similar residential land uses adjacent to R:/Resos 2002/Resos 02-112 2 the existing surrounding neighborhoods, with landscape buffers and interfaces. The Specific Plan took under consideration the existing developments and surrounding zoning classifications to ensure development that will be complementary and compatible with the surrounding neighborhood. Section 3. Environmental Compliance. The City Council of the City of Temecula has certified the Final Environmental Impact Report, made all required findings and determinations relative thereto and adopted the Mitigation Monitoring Program after finding that the project proposed in the Application conformed to the City of Temecula General Plan, as amended, for the Roripaugh Ranch Specific Plan in order to approve the Application. Section 4. General Plan Amendment. The City Council of the City of Temecula hereby approves the Application Amending the Land Use Element to amend the General Plan Land Use Map and to incorporate the annexation area into the City Limits (Figure 2-1of the General Plan, Exhibit A) and to Amend the General Plan Specific Plan Overlay Exhibit (Figure 2-5 of the General Plan, Exhibit B) to include Planning Areas 33A and 33B and amending the General Plan Circulation Element (Figure 3-1 of the General Plan, Exhibit C) to eliminate the connection between Nicolas Road and Calle Contento through the project and to change the designation of Butterfield Stage Road between Murrieta Hot Springs Road and Nicolas Road from 110' (Arterial Highway with 4 lanes) to Specific Plan Road, Add "A" and "B" Streets as Collector, and add North and South Loop Road as Specific Plan Road for 804.7 acres on property located near the future intersection of Butterfield Stage Road and Nicolas Road, and known as Assessor Parcel Nos. 957-130-001 and 002, 957-340-001,003, 007, 008, AND 958- 260-001 and 002. Section 5. Specific Plan. The City Council of the City of Temecula hereby approves mixed use specific plan known as the Roripaugh Ranch Specific Plan (SP No. 11) subject to the Conditions of Approval included in Exhibit D and as shown on Exhibit E (the Roripaugh Ranch Specific Plan Document Volumes I and II), on property locate near the future intersection of Buttedield Stage Road and Nicolas Road, and known as Assessor Parcel Nos. 957-130-001 and 002, 957-340-001, 003, 007, 008, AND 958-260-001 and 002 subject to that attached Conditions of Approval. Section 6. PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula this 26th day of November, 2002. Ron Roberts, Mayor R:/Resos 2002/Resos 02-112 3 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. 02-112 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 26thday of November, 2002, by the following vote: AYES: 5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None City Clerk R:/Resos 2002/Resos 02-112 4 EXHIBIT A FOR ATTACHMENT 2 PROPOSED GENERAL PLAN LAND USE MAP R:/Resos 2002/Resos 02-112 5 E] Propsed General Plan Land Use Designations EXHIBIT B FOR ATrCHMENT 2 PROPOSED GENERAL PLAN THE SPECIFIC PLAN OVERLAY EXHIBIT R:/Resos 2002/Resos 02-112 6 SPECIFIC PI.~d~l OVERI.~,Y Approved Specific Plan Aren~ Lroposed Specific Plan PA 33 A a~d B e t o 'i Ci y f FEMECULA 'I 3'enera'1 Plan Program' EXHIBIT C FOR ATTACHMENT 2 PROPOSED GENERAL PLAN CIRCULATION MAP R:/Resos 2002/Resos 02-112 7 Proposed General Plan Circulation Ele_m_e~n.t.A,._m_e~ndmen~t EXHIBIT D FOR ATTACHMENT 2 CONDITIONS OF APPROVAL RORIPAUGH RANCH SPECIFIC PLAN R:/Resos 2002/Resos 02-112 8 EXHIBIT D FOR ATFACHMENT 2 CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA94-0075 (Specific Plan) - Roripaugh Ranch Specific Plan No. 11 Project Description: A Specific Plan for 804.7 acres to provide zoning and development standards for the development of 2,015 dwelling units within several gated communities, 110,000 square feet of neighborhood commercial retail space, a 12 acre elementary school site and a 20 acre middle school site, two public parks sites including a 19.7 acre Sports Park with lighted playing fields and a 4.8 acre neighborhood park with passive uses, three private recreation facilities, private and public trails and paseos, a fire station site, and 202.7 acres of natural open space to be preserved as permanent habitat, related flood control improvements to Santa Gertrudis Creek and Long Valley Wash. Assessor's Parcel Nos. 957-130-001 and 002, 957-340-001, 003, 007, 008, AND 958- 260-001 and 002 Approval Date: November 26, 2002 PLANNING DIVISION Within Forty-Eight (48) Hours of the Approval of this Project The applicant shall deliver to the Community Development Department - Planning Division a cashier's check or money order made payable to the County Clerk in the amount of Nine Hundred Twenty-Eight Dollars ($928.00) which includes the Eight Hundred and Fifty Dollar ($850.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Seventy-Eight Dollars ($78.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21151 and California Code of Regulations Section 15904. If within said forty-eight (48) hour period the Applicant has not delivered to the Community Development Department - Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Game Code Section 711.4(c)). R:/Resos 2002/Resos 02-112 9 General Requirements Approval of this Specific Plan is contingent upon and shall not become effective nor shall it vest until a General Plan Amendment (GPA) and Zone Change are approved by the City Council, and an Environmental Impact Report (EIR) or any other environmental review under the provisions of the California Environmental Quality Act (CEQA) are certified by the City Council. Within thirty (30) days of approval of the Specific Plan, the applicant shall submit a final copy reflecting all the changes necessary to make the document consistent with City Council's final action including the Errata Sheet dated 10-30-02 included in the October 30, 2002 Planning Commission Report -~nd .... ~, o ..... *"'~ "~'~ ..... "'~' cn '""~ "*'"'~*" and the following: The requirement for one-story products shall be determined by the market or as determined by staff as long as some single story products are required in the single family detached areas. (Modify Specific Plan Design Guidelines, Section 4.10.3.4 and all related Sections of the Specific Plan) The wall/fencing to the south side of PA 13 shall not be chain link fence. The developer shall propose an alternative fencing that is acceptable to Planning staff and all the resource agencies including but not limited to glass fence or split rail with wire mesh. (Modify the Specific Plan, Section 2.10 and all related Sections of the Specific Plan) Staff shall investigate the installation of push button crossings on Butterfield Stage Road for horses with median guards. In addition, staff shall investigate the feasibility of a path through the under crossing for Butterfield Stage Road. (Modify the Specific Plan, Section 4.4 and all related Sections of the Specific Plan) The final Specific Plan shall be reviewed for consistency and approved by the Planning Director. Grading permits shall not be issued until all changes to the Specific Plan document are approved by the Planning Director. (Amended by the Planning Commission on 10-30-02 and Modified by the City Council 11-26-2002) The approval granted by this Resolution shall become effective upon the Effective Date of the Development Agreement, as the term Effective Date is defined in the Development Agreement adopted concurrently with this Resolution. In addition to the foregoing, in the event a Development Agreement is entered into that supercedes or alters these conditions of approval and the applicant causes a default or terminates by conduct the Development Agreement, then the City shall immediately consider the revocation of the approval granted by this Resolution. The Specific Plan shall not be effective for the portion of the site not within the City Limits until the annexation of the property is completed or by other means as approved by the City Attorney. R:/Resos 2002/Resos 02-112 10 EXHIBIT E FOR ATFACHMENT 2 PROPOSED RORIPAUGH SPECIFIC PLAN DOCUMENTS (VOLUME I AND II, Provided Under Separate Cover) R:/Resos 2002/Resos 02-112 11