HomeMy WebLinkAbout96-064 CC Resolution RESOLUTION NO. 96-64
A RESOLUTION OF THE CITY COUNCIIL OF THE CITY
OF TEMIECULA APPROVING PLANNING APPLICATION
NO. PA96-0027 (SPECMC PLAN NO. 199 - ZONING
AMENDMENT) INCREASING THE RANGE OF HOUSING
SIZES TO 3,200 SQUARE FEET ON PROPERTY LOCATED
NORTH OF RANCHO CALIFORNIA ROAD, EAST OF
MEADOWS PARKWAY, SOUTH OF LA SERENA WAY,
WEST OF BUTRERFIELD STAGE ROAD AND KNOWN AS
PLANNING AREAS 6, 10, 11@ AND 12 OF SPECMC PLAN
NO. 199 GARITA VIELLAGE)
AS, Bramalea California, Inc., BCI/CCL Venture No. 1 and BCI/CCL Venture
No. 2 filed Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment)
in accordance with the City of Temecula General Plan and Riverside County Land Use and
Subdivision Ordinances, which the City has adopted by reference;
WHEREAS, Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning
Amendment) was processed in the time and manner prescribed by State and local law;
S, the Planning Commission continued Planning Application No. PA96-0027
(Specific Plan No. 199 - Zoning Amendment) on March 4, 1996, at a duly noticed public hearing
as prescribed by law, at which time interested persons had an opportunity to testify either in
support or in opposition;
AS, the Planning Commission considered Planning Application No. PA96-0027
(Specific Plan No. 199 - Zoning Amendment) on March 18, 1996, at a duly noticed public
hearing as prescribed by law, at which time interested persons had an opportunity to testify either
in support or in opposition;
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all persons desiring to be heard, the Commission considered all facts relating
to Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment);
WHEREAS, the City Council conducted a public hearing pertaining to Planning
Application No. PA96-0027 on April 9, 1996, at which time interested persons had opportunity
to testify either in support or opposition to Planning Application No. PA96-0027;
WHEREAS, the City Council received a copy of the Commission proceedings and Staff
Report regarding Planning Application No. PA96-0027;
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AS, the City Council continued Planning Application No. PA96-0027 (Specific
Plan No. 199 - Zoning Amendment) on April 9, 1996, at a duly noticed public hearing as
prescribed by law, at which fime interested persons had an opportunity to testify either in support
or in opposition;
NOW, THEREFORE, THE Crff COUNCEL OF THE Crff OF TEMECULA DOES
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That the above recitations are true and correct.
Section 2. Findings,
A. The City Council in approving Planning Application No. PA96-0027 (Specific Plan
No. 199 - Zoning Amendment), makes the following findings, to wit:
1 . Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning
Amendment), as proposed, is compatible with the health, safety and welfare of the community.
2 . Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning
Amendment) is consistent with the City's General Plan, due to the fact that the subject request is
in substantial conformance with Specific Plan No. 199 - Margarita Village.
3 . The project is compatible with surrounding land uses. The project consists
of an expansion to the maximum square footage of single-family residences in an area that is
comprised of a variety of sizes of single-family residences.
4. 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. 199.
5 . 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 202. The mitigation measures prepared for this
Environmental Impact Report (EIR) will be applied to this project.
Section 3. Environmental Compliance, Environmental Impact Report No. 202 was
prepared for Specific Plan No. 199 and was certified by the County Board of Supervisors. It has
been eight (8) years since the environmental analysis was performed for this project. It is Staff's
opinion that due to the limited scope of the proposed 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
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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 occuffed; therefore, no further
environmental analysis is required.
Section 4. Conditions, That the City of Temecula City Council hereby approves Planning
Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment) increasing the
maximum allowable square footage of houses to 3,200 square feet on property located north of
Rancho California Road, east of Meadows Parkway, south of La Serena Way, and west of
Butterfield Stage Road and known as Planning Areas 6, 10, 1 1, and 12 of Specific Plan No. 199
(Margarita Village), subject to the following conditions:
A. Exhibit A, attached hereto, and incorporated herein by this reference and made a
part hereol
Section 5. PASSED, APPROVED AND ADOPRED this 14th day of May, 1996.
F.Lindemans, Mayor
ATTEST:
Ju@@S CWeeki CMC, City Clerf
[SEAL]
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) SS
CITY OF TEMECULA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Temecula at a regular meeting thereof, held on the 14th day of May,
1996 by the following vote of the Council:
AYES: 5 COUNCILMEMBERS: Birdsall, Ford, Roberts, Stone
Lindemans
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
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EXHIBIT A
CONDITIONS OF APPROVAL
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CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA96-0027 (Specific Plan No. 199 - Zoning Amendment)
Project Description: Amendment to Planning Areas No. 6, 10, 11 and 12 of Specific
Plan No. 199 - Margarita Village to increase housing square footage to a maximum of
3,200 square feet
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. PA96-0027 (Zoning Amendment - Specific Plan No. 199) which action
is brought within the appropriate statute of limitations period and Public Resources
Code, Division 1 3, Chapter 4 (Section 21 000 ti =., including but not by the way of
limitations Section 211 52 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. 199, and its amendments, unless superseded by these conditions of approval.
3. Specific Plan Text Amendments shall conform with Attachment No. 2.
Within Thirty (30) Days From the Second Reading of The Ordinance Approving the Amendment
4.The applicant shall submit the Amended Specific Plan text to the Planning Department.
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