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HomeMy WebLinkAbout04_070 PC Resolution PC RESOLUTION NO. 2004-070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE PLANNING APPLICATION NO. PA04- 0486 (SPECIFIC PLAN AMENDMENT NO.6) TO AMEND THE TEXT WITHIN THE MARGARITA VILLAGE SPECIFIC PLAN'S (SP NO. 199) DEVELOPMENT STANDARDS OF THE ZONING ORDINANCE FOR PLANNING AREA 46. WHEREAS, M-A Temeku Hills Development, LLC, filed Planning Application No. PA04- 0486, Specific Plan Amendment in accordance with the City of Temecula General Plan and Development Code; WHEREAS, the Planning Commission considered Planning Application No. PA04-0486 on December 15, 2004, 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 Commission hearings and after due consideration of the testimony, the Commission recommended the City Council approve the Application subject to and based upon the findings set forth hereunder; WHEREAS, at the conclusion of the public hearing and after due consideration of the testimony, the Planning Commission approved Resolution No. 2004-070, recommending that the City Council approve PA04-0486; WHEREAS, all legal preconditions to the adoption of this resolution have occurred. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The proposed Specific Plan Amendment is consistent with the City of Temecula General Plan and the Margarita Village Specific Plan Section 2. Findinqs. The Planning Commission, in recommending approval of Planning Application No. PA04-0486 hereby makes the following findings as required by Section 17.16.020.E of the City of Temecula Municipal Code: A. The proposed Specific Plan Amendment is consistent with the General Plan and Development Code. B. The proposed Specific Plan Amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. C. The subject property is physically suitable for the requested land use designations and the anticipated land use developments. D. The proposed specific plan shall ensure development of desirable character which will be compatible with existing and proposed deveiopment in the surrounding neighborhood. R:\S P A\2004\Q4-0486 Margarita Village\Final PC Reso & COA'S-DP.doc 1 Section 3. Environmental Compliance. This project is exempt from CEOA review pursuant to CEOA Guidelines Section 15061 (b) (3). The proposed project is an existing golf course with a clubhouse and recreation amenities surrounded by detached single family residential property. The proposed project and surrounding area is currentiy built out with no future plans for expansion. The proposed project is a minor revision to the Specific Plan Zoning Ordinance solely to transfer ownership of the clubhouse and recreation facility property to the Homeowner's Association. There is no possibility that the proposed project will have a significant effect on the environment and therefore it is not subject to CEOA. Section 4. The City of Temecula Planning Commission, hereby recommends that the City Council approve Planning Application No. PA04-0486, Amendment No. 6 to the Margarita Village Specific Plan No. 199 substantially in the form attached to this resolution as Exhibit A and subject to the Conditions of Approval contained in Exhibit B. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 15'h day of December 2004. Section 6. , The City Clerk shall certify the adoption of this,\esolution. ~tl~ ~John Teleslo, Chairman ATTEST: <\l)c#?f-C ~ 70 Debbie Ubnoske,":Secretary . ' ~..,. ..... i ~ ~ , , -",,\ ,\ ~-'~ .+. '. -<J ,l,-:/F "'.' ....... r:":'1 ..(' , ., [~EAL]" "<./-' '., /' ',. /~;., STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that PC Resolution No. 2004-070 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 15th day of December 2004, by the following vote of the Commission: AYES: NOES: 3 PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: PLANNING COMMISSIONERS: Chiniaeff, Olhasso, Telesio o ABSENT: 2 Guerriero, Mathewson ABSTAIN: 0 ~~--L- tA~r Debbie Ubnoske, Secretary R:\S P A\2004\04-0486 Margarita Village\Final PC Reso & COA'S+DP.doc 2 EXHIBIT A MARGARITA VILLAGE SPECIFIC PLAN NO. 199, AMENDMENT NO.6 R:\S P A\2004\04-0486 Margarita Village\Final PC Reso & COA'S-DP.doc 3 Amendment No.6 of Margarita Village Specific Plan No. 199 City of Temecula October 2004 Margarita Village Table of Contents TABLE OF CONTENTS Specific Plan Amendment Rationale... ...................................................... ...........Section 1 Summary of Changes.............. ..... ......... ..... ............ ..................... ............ .......Section 2 Specific Plan Zone Ordinance. .......... ................ ........:..................... ...... ............Section 3 Specific Plan No. 199: Amendment No.6 Specific Plan Amendment Rationale \J -~~~~ i' 1liIlIpIl" 'DlIiriJ'",,",,' j~':'..:~ ' . ~fl l: ' ""/J~::_,:, \. , Margarita Village Specific Plan Amendment Rationale SPECIFIC PLAN AMENDMENT RATIONALE The applicant is requesting an Amendment to the MARGARITA VILLAGE Specific Plan (SP No. 199) to allow for no minimum building setback requirement from adjoining property lines within Planning Area 46 if the adjacent use is recreation, open space or parking. This amendment would entail a minor revision to the Specific Plan zoning ordinance. The rationale for this amendment is to allow adjacent recreation facilities including a pool, tot lot and tennis courts to be divided into a separate lot for dedication to the Temeku Hills Homeowners Association, as depicted in Figure I, Clubhouse, Common Areas and Recreation Areas. The creation of an additional lot for the clubhouse and parking lot is also necessary as it will be jointly owned by the future owner of the adjacent golf course and the Temeku Hills Homeowners Association. The remaining portion of the existing lot will be owned by the future golf course owner. These actions will be accomplished through the subsequent creation of a parcel map. Due to the proximity of the recreational facilities to the golf course clubhouse, setback requirements for Planning Area 46 must necessarily be amended to require no minimum setback from adjoining property lines. The proposed amendment will accomplish this intent more effectively than the Specific Plan as currently written. As a result of this amendment, the Specific Plan zoning ordinance for Planning Area 46 will be revised to require no minimum building setback from adjoining property lines if the adjacent use is recreation, open space or parking. Specific Plan No. 199: Amendment No.6 . Summary of Changes w ~''Ii~:.:o:~~~ ~~~""', :~:' . ~t , .,~"'" , t .1, <6.' , -,;)~;~s. ~L",,-, ~:rl~~;:~~~,,//'" '~-"""::1t "-' ,,,,'< I""':',; , , Margarita Village I. Summary of Chan~ I. SUMMARY OF CHANGES A. SPECIFIC PLAN The MARGARITA VILLAGE Specific Plan (SP No. 199) was adopted by the Riverside County Board of Supervisors on August 26, 1986 through Resolution No. 86-355. Specific Plan Amendment No. I was approved by the Board of Supervisors on September 6, 1988 via Resolution No. 88-471. In 1989, the City of Temecula incorporated and assumed jurisdiction over MARGARITA VILLAGE. Since 1989, four additional amendments to the MARGARITA VILLAGE Specific Plan were recorded for a total of five previous amendments to SP No. 199. Amendment No. 6 to the MARGARITA VILLAGE Specific Plan will amend the Specific Plan zoning text to allow for no minimum setback requirement from adjoining property lines within Planning Area 46. This revision will allow the adjacent recreation facilities including a pool, tot lot and tennis courts to be divided into a separate lot for dedication to the Temeku Hills Homeowner's Association. It will also allow for the creation on an additional lot for the clubhouse and parking lot, which will be jointly owned by the future golf course owner and the Temeku Hills Homeowner's Association. The following describes the minor revision to the MARGARITA VILLAGE Specific Plan that has occurred as a result of these amendments. 1. SPECIFIC PLAN ZONING ORDINANCE Amendment No.6 of the MARGARITA VILLAGE Specific Plan (SP No. 199) updates text within the Specific Plan zoning ordinance to allow for no minimum setback requirement from adjacent property lines if the adjacent property is used for recreation, open space or for parking purposes. Specific Plan No. 199: Amendment No.6 Page I-I Specific Plan Zone Ordinance \j -~~.... , ~--""." :11,\ ,}~: -f,~"'.~'-<\""""_:"'-'~:" ... " Ai" , .', ."", ' -,;-/-,-,~~,;""-,\;",-,, ".,"' ..:~},. --- ;"~" ,,~.~~': ,,' .')(i~411:-~',\' ,. ,;~-_,. _'- _ ,;iW"t ,.~,,_ ~. ','., ') - . ,_~_;"': -i1:"",.. (2) The development standards for Planning Area 43 of Specific Plan No. 199 shall be the same as those standards identified for the M Residential District in Section 17.06.040 of the City of Temecula Development Code, except for the following: A. Minimum net lot area shall not be less than four thousand five hundred (4,500) square feet. B. No lot shall have more than sixty percent (60%) of its net area covered with buildings or structures. C. The minimum average width of a lot shall be thirty-eight feet (38') with a minimum lot depth of sixty-five feet (65\ Minimum lot width at the required front property line shall be thirty-eight feet (38'). D. The front yard setback including garages shall be not less than ten feet (10'). E. The sum of the interior side yard setbacks shall be not less than ten feet (10'). This permits a zero lot line arrangement with a zero setback on one side yard and ten feet on the opposite side yard. Corner side yards shall not be less than ten feet (10'). F. The rear yard shall be not less than ten feet (10f). G. There shall be no maximum % of lot coverage requirement. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.06 of the City of Temecula Development Code. qq. Planning Area 44. (1) The uses permitted in Planning Area 44 of Specific Plan No. 199 shall be the same as those uses permitted in the PR District of Chapter 17.14 of the City of Temecula Development Code. (2) The development standards for Planning Area 44 of Specific Plan No. 199 shall be the same as those standards identified for the PR District in Section 17.14.040 of the City of Temecula Development Code. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.14 of the City of Temecula Development Code. IT. Planning Area 45. (I) The uses permitted in Planning Area 45 of Specific Plan No. 199 shall be the same as those uses permitted in the PR District of Chapter 17.14 of the City of Temecula Development Code. (2) The development standards for Planning Area 45 of Specific Plan No. 199 shall be the same as those standards identified for the PR District in Section 17.14.040 of the City of Temecula Development Code. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.14 of the City of Temecula Development Code. ss. Planning Area 46. (I) The uses permitted in Planning Area 46 of Specific Plan No. 199 shall be the same as those uses permitted in the PR District of Chapter 17.14 of the City of Temecula Development Code. (2) The development standards for Planning Area 46 of Specific Plan No. 199 shall be the same as those standards identified for the PR District in Section 17.14.040 of the City of Temecula Development Code except that there shall be no minimum building: setback requirement from adioining propertv lines if the adjacent propertv is used solelv for recreation, open sPace or for parking purposes. (3) Except as provided above, all other zoning requirements shall be the same as those requirements identified in Chapter 17.14 of the City of Temecula Development Code. -16- EXHIBIT B FINAL CONDITIONS OF APPROVAL R:\S P A\2004\04-0486 Margarita Vitlage\Final PC Reso & COA'S-DP.doc 4 EXHIBIT B CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA04-0486 Project Description: A Specific Plan Amendment to revise the Margarita Village Specific Plan No. 199 Zoning Ordinance to allow a "no minimum" building setback requirement from adjoining property lines within Planning Area 46 as long as the adjacent property is used solely for recreation, open space or parking purposes. Approval Date: December 15, 2004 Expiration Date: None PLANNING DEPARTMENT Within Forty-Eight (48) Hours of the Approval of this Project 1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Sixty-four Dollars ($64.00) for the County administrative fee, to enable the City to file the Notice of Exemption as provided under Public Resources Code Section 211 08(b) and California Code of Regulations Section 15062. If within said forty-eight (48) hour period the applicant/developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void by reason of failure of condition. General Requirements 2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or 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. 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. City shall promptly notify 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 the 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. 3. The applicant shall sign both copies of the final conditions of approval that will be provided by the Planning Department staff, and return one signed set to the Planning Department for their files. R:\S P A\2004\04-0486 Margarita Village\Final PC Reso & COA'S-DP.doc 5 4. All existing and future buildings shall meet fire resistive construction standards as set forth by Table 5-A of the California Building Code. BUILDING DEPARTMENT 5. Development plans must show any fire resistive wall construction based upon proximity to property lines or other buildings on the same property as per California Building Code Table 5-A. New property lines created may impact existing buildings exterior wall construction and openings. By placing my signature below, I confirm that'l 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's Signature Date Applicant's Printed Name R:\S P A\2004\04-0486 Margarita Village\Final PC Reso & COA'S-DP.doc 6