HomeMy WebLinkAbout99-105 CC ResolutionRESOLUTION NO. 99-105
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA DENYING THE APPEAL OF PLANNING
APPLICATION NO. PA99-0284 (DEVELOPMENT PLAN) AND
PLANNING APPLICATION NO. PA99-0286 (TENTATIVE
PARCEL MAP NO. 29431), AND UPHOLDING THE APPROVAL
OF THESE PROJECTS BY THE PLANNING COMMISSION,
BASED UPON THE ANALYSIS AND FINDINGS CONTAINED IN
THE STAFF REPORT SUBJECT TO THE CONDITIONS OF
APPROVAL ON FILE IN THE OFFICE OF THE CITY CLERK
WHEREAS, del Sol Investment Company LLC filed Planning Application Nos. PA99-
0284 and PA99-0286, in accordance with the City of Temecula General Plan and Development
Code;
WHEREAS, Planning Application Nos. PA99-0284 and PA99-0286 were 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. PA99-0285
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 persons had an
opportunity to, and did testify either in support or opposition to this matter;
WHEREAS, at the conclusion of the Commission hearing and after due consideration of
the testimony, the Commission approved Planning Application Nos. PA99-0285;
WHEREAS, the City Council conducted a public hearing pertaining to the Appeal of
Planning Application Nos. PA99-0284 and PA99-0286 on November 9, 1999, at which time
interested persons had opportunity to, and did testify either in support or opposition to Planning
Application Nos. PA99-0284 and PA99-0286;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application Nos. PA99-02854 and PA99-0286;
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. The City Council, in approving Planning Application No. PA99-
0284 (Development Plan) and Planning Application No. PA99-0286 (Tentative Parcel Map No.
29431 ), hereby makes the following findings
A. The proposed land division and the design or improvement of the project is
compatible with the General Plan designation and consistent with Specific Plan No. 219
(Paloma del Sol), Amendment No. 7. The site is physically suitable for the type and density of
development. The General Plan Land Use designation for the site includes CC Community
Commercial, OS Open Space, LM Low Medium Residential (3-6 dwelling units per acre) and H
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High Density Residential (13-20 dwelling units per acre). The proposal as designed and
conditioned is consistent with these designations.
The design of the proposed land division or the type of improvements is not likely to
cause serious public health problems. The project has been reviewed for
conformance with Specific Plan No. 219 (Paloma del Sol), the City's General Plan,
Development Code, Subdivision and Landscaping Ordinances. The project is
consistent with these documents and conditions of approval have been placed on the
project accordingly to assure that the development conforms to City Standards.
The design of the proposed land division or the type of improvements will not conflict
with easements, acquired by the public at large, for access through, or use of,
property within the proposed land division. The proposal as designed and
conditioned provides adequate access and circulation. Future development plans for
parcels within the project site will determine the suitability and location of all access
points to those parcels.
D=
The map and development plan as proposed, conforms to the logical development of
the site, and is compatible with the health, safety and welfare of the community.
Access and circulation are adequate for emergency vehicles. The Fire Department
has reviewed the Vehicle Plan submitted in conjunction with the Development Plan,
for adequate emergency vehicle turning radii. The City Traffic Engineer has
reviewed the project's Traffic Study with regards to public health and safety of the
community.
The design of the proposed land division or proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish
or wildlife or their habitat. There are no known fish, wildlife or habitat on the project
site, and the project will not affect any fish, wildlife or habitat off-site. The site is
surrounded by development and is an in~ll site. Furthermore, grading has already
occurred at the site, which is a portion of a larger specific plan. The project will not
individually or cumulatively have an adverse effect on wildlife resources, as defined
in Section 711.2 of the Fish and Game Code.
Section 3. Fnvironmental Compliance. Environmental Impact Report No. 235 was
prepared for Specific Plan No. 219 and was certified by the Riverside County Board of
Supervisors on September 6, 1988. Addendum Nos. I and 2 were adopted by the City of
Temecula City Council in 1992 and 1999 respectively. Addendum No. 3 is under consideration
by the City Council on October 19, 1999 and November 9, 1999. This project proposes no
change to the maximum number of units for Planning Area 8 as reviewed by Addendum No. 3.
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 circumstances under
which the project is being undertaken which require major revision 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. In addition, the previously certified EIR and
Addendums addressed the number of lots for the site as proposed by Tentative Tract Map No.
24136, Amendment No. 2. Therefore, no further environmental analysis is required. Staff is
recommending that the Council find and determine that no additional analysis is required
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pursuant to the requirements of CEQA.
Section 4. Conditions. That the City of Temecula City Council hereby approves
Planning Application Nos. PA99-0284 (Development Plan) and PA99-0286 (Tentative Parcel
Map No. 29431), for the design, construction and operation of 276,243 square feet of retail
commercial uses including a 131,848 square foot Home Depot building with garden center, a
7,000 square foot automotive supply store, and 137,395 square feet of village shopping space;
and for the subdivision of 66.828 gorss acres into seven (7) lots, located north of State Highway
79 South, south of Montelegro Way, west of Meadows Parkway and east of Margarita Road,
and known as Assessor's Parcel Nos. 950-020-042, -044 and 950-870-006, subject to the
project specific conditions of approval set forth in Exhibit A and B, attached hereto, and
incorporated herein by this reference.
Section 5. The City Clerk shall certify the adoption of this Resolution.
Section 6.
of Temecula this 9th day of November, 1999.
ATTEST:
PASSED, APPROVED, AND ADOPTED, b
;ity Council of the City
Mayor
Susan ~A Jon s CMC/AAE
[SEAL]
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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
Resolution No. 99-105 was duly and regularly adopted by the City Council of the City of
Temecula at a regular meeting thereof held on the 9th day of November, 1999, by the following
vote:
AYES: 5
COUNCILMEMBERS:
Comerchero, Lindemans, Roberrs, Stone, Ford
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS: None
Susan . Jones, CMC/AAE
~ City Clerk
R: Resos 99-105 4
EXHIBIT A
RESOLUTION 99-105
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA99-0285 - Specific Plan Amendment No. 7
Project Description:
To amend Specific Plan No. 219 (Paloma del Sol) as follows:
land uses within Planning Areas 1,6 and 8; the realignment and
recon~guration of Campanula Way between De Portola Road
and Meadows Parkway; the reallocation of acreage within
Planning Area 1 from 32.3 acres to 35.0 acres; the reallocation
of acreage within Planning Area 6 from 36.3 to 34.3 acres; the
division of Planning Area 6 into Planning Area 6A (22.3 acres,
high density residential, 9-12 dwelling units per acre, with a
maximum of 268 dwelling units) and Planning Area 6B (12
acres, very high density residential, 13-20 du/ac, with a
maximum of 240 dwelling units), resulting in an overall reduction
of units from 590 to 508 dwellings; the provision to develop an
active, private, gated senior community within Planning Area 8
that includes a private recreation area; and an update of Specific
Plan Design Guidelines that incorporate the village vignettes and
the senior amenities.
Approval Date:
November 9, 1999
PLANNING DIVISION
General Requirements
The applicant and owner of the real properly subject to this condition shall hereby agree
to indemnify, protect, hold harmless, and defend with Legal Counsel of the City's own
selection, the City shall be deemed for purposes of this condition, to include any agency
or instrumentality thereof, or any of its elected or appointed officials, officers, employees,
consultants, contractors, legal counsel, and agents from any and all claims, actions,
awards, judgements, or proceedings against the City to attack, set aside, void, annul,
seek monetary damages resulting, directly or indirectly, from any action in furtherance of
and the 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. City shall promptly notify the both the applicant
and landowner of any claim, action, or proceeding to which this condition is applicable
and shall further cooperate fully in the defense of the action. The City reserves its right
to take any and all action the City deems to be in the best interest of the City and its
citizens in regards to such defense.
The applicant shall comply with all underlying Conditions of Approval for Specific Plan
No. 219 and its amendments unless superceded by these Conditions of Approval.
The text of Amendment No. 7 to Specific Plan No. 219 shall conform with Exhibit No. 1 B,
"Paloma del Sol Specific Plan, Amendment No. 7" dated October 11, 1999, or as
amended by these conditions.
The text of Amendment No. 7 to Specific Plan No. 219 Zoning Standards shall conform
with Exhibit No. 2A, "Paloma del Sol Specific Plan Zone Ordinance, Amendment No. 7"
dated October 11, 1999, or as amended by these conditions.
Within Thirty (30) Days From the Second Reading of the Ordinance Approving the
Amendment
The applicant shall submit the amended Specific Plan text to the Community
Development Department - Planning Division, in accordance with Conditions of
Approval and with requirements by the City Council.
6. The applicant shall correct or modify the following:
Page IV-85 b.2) a): The last sentence shall read:
"A minimum of 10% of the net acreage at the Home Depot site shall be
landscaped."
Remove all references to the Major and Minor Commercial Entry and Shopping
Center Identification signs, which shall be included in the Villages Design
Manual, submitted for review and approval by the Planning Manager prior to the
issuance of permits.
By placing my signature below, I confirm that I have read, understand and accept all the above
Conditions of Approval. I further understand that the property shall be maintained in
conformance with these conditions of approval and that any changes I may wish to make to the
project shall be subject to Community Development Department approval.
Applicant Signature