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HomeMy WebLinkAbout07_035 PC Resolution PC RESOLUTION NO. 07-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL APPROVE A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0048, A GENERAL PLAN AMENDMENT TO TABLE . LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84 ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909-370-018 AND 909-370-032) Section 1. Procedural Findinas. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 8, 2007, The Garrett Group filed Planning Application No. PA07-0048, (General Plan Amendment), in a manner in accord with the City of Temecula General Plan and Development Code. B. On September 5, 2007, the Planning Commission recommended that the City Council approve Planning Application No. PA07-0048. C. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. D. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2007, 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 in opposition to this matter. E. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Planning Application No. PA07-0048 subject to' and based upon the findings set forth hereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The Planning Commission, in recommending that the City Council approve the Application hereby finds, determines and declares that: To recommend approval of the General Plan Amendment, the following findings must be made: A. The amendment is compatible with the health, safety and welfare of the community. G:IPlanning\2007\PA07-0048 Ternecul. 84 GPAIPlanninglPCIFINAL PC Reso GPA.doc I The proposed amendment to add a future Specific Plan area to Table LU-5 of the Land Use Element meets the goals and policies of the General Plan, and is consistent with the anticipated impacts of the Final Environmental Impact Report (EIR) for the General Plan and the guidelines of the Development Code. Any future proposals for the Specific Plan area will be subject to the City's General Plan, Development Code and Design Guidelines to ensure the public health, safety and welfare of the community is maintained as new development occurs. B. The amendment is compatible with existing and surrounding uses. The proposed amendment to add a future Specific Plan area to Table LU-5 of the Land Use Element is compatible with the existing and surrounding uses because any future proposals for the 84 acre site will be consistent with the goals and policies of the General Plan and the content and processing requirements contained in the Development Code. Therefore, the proposed amendment will be compatible with existing and future uses in the surrounding area. C. The amendment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan. The proposed amendment will not conflict with the existing zoning or designated land uses throughout the City. The proposed amendment will result in compatible future development, which meets the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Environmental Comoliance. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the General Plan Amendment, (PA07-0048): . A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the General Plan Amendment as described in the Initial Study ("the Project"). Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on August 4, 2007, and expired on September 3, 2007. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. Three written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. G:\Planning\2007IPA07-0048 Temecul. 84 GPA\Planning\PC\FINAL PC Reso GPA.doc 2 D. The Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the date public hearing, and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. E. Based on the findings set forth in this Resolution, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prepared for this project. Section 4. Recommendation. The Planning Commission of the City of Temecula recommends that the City Council approve Planning Application No. PA07- 0048, a General Plan Amendment to Table LU-5 to designate an 84 acre site as a future Specific Plan area. G:lPlanning\2007\PA07-0048 Temecula 84 GPAlPlanninglPCIFINAL PC Reso GPA.doc 3 Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 5th day of September 2007. ijl~ John Telesio, Vice Chairman ATTEST: ?)vb/;;./ td;;m? ~ Debbie Ubnoske, Secretary ~ .....- [SEALj, :- ...........' .\. --, ." , '~, . .-~' STATE OF CALlFOI)NiA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Debbie Ubnoske, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 07-35 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting th~reof held on the 5th day of September 2007, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Guerriero, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS: None ABSENT: 1 PLANNING COMMISSIONERS: Chiniaeff ABSTAIN: 0 PLANNING COMMISSIONERS: None -n~LI ~~..L _ J,wv /'71-(/ ~ JA-. Debbie Ubnoske, Secretary G:IPlanning\2007\PA07-0048 Terneculo 84 GPAIPlanninglPCIFINAL PC Reso GPA.doc 4 EXHIBIT A DRAFT CITY COUNCIL RESOLUTION 07-_ G:\Planning\2007\PA07-0048 Temecula 84 GPA\PJanning\DRAFT PC Reso OPA.doc 5 RESOLUTION NO. 07- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA07-0048, A GENERAL PLAN AMENDMENT TO TABLE LU-5 OF LAND USE ELEMENT TO DESIGNATE AN 84-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF DENDY PARKWAY AND WINCHESTER ROAD AS A FUTURE SPECIFIC PLAN AREA (APN 909- 370-018 AND 909-370-032) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula finds and determines that: A. On September 5,2007, the Planning Commission recommended that the City Council approve Planning Application No. PA07-0048. B. The Amendment was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Commission, at a regular meeting, considered the Application and environmental review on September 5, 2007, 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 in opposition to this matter. D. At the conclusion of the Commission hearing and after due consideration of the testimony, the Commission recommended that the City Council approve Planning Application No. PA07-0048 subject to and based upon the findings set forth hereunder. E. On this Resolution. , the City Council held a duly noticed public hearing on F. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council adopted a Mitigated Negative Declaration for the project and approved the recommended General Plan Amendment under Planning Application No. PA07-0048 subject to and based upon the findings set forth hereunder and the attached Exhibit A. G. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Further Findinas. The City Council, in approving the General Plan Amendment hereby finds, determines and declares that: A. The amendment is compatible with the health, safety and welfare of the community; The proposed amendment to add a future Specific Plan area to Table LU-5 of the Land Use Element meets the goals and policies of the General Plan, and is consistent with the anticipated impacts of the Final Environmental Impact Report (EIR) for the General Plan and the guidelines of the Development Code. Any future proposals for the Specific Plan area will be subject to the City's General Plan, Development Code and Design Guidelines to ensure the public health, safety and welfare of the community is maintained as new development occurs. B. The amendment is compatible with existing and surrounding uses; The proposed amendment to add a future Specific Plan area to Table LU-5 of the Land Use Element is compatible with the existing and su"ounding uses because any future proposals for the 84-acre site will be consistent with the goals and policies of the General Plan and the content and processing requirements contained in the Development Code. Therefore, the proposed amendment will be compatible with existing and future uses in the su"ounding area. C. The am'endment will not have an adverse effect on the community and are consistent with the goals and policies of the adopted General Plan; The proposed amendment will not conflict with the existing zoning or designated land uses throughout the City. The proposed amendment will result in compatible future development, which will meet the recommended land use and circulation pattern, maximum density and intensity of development, a desired mix of uses and other factors consistent with the goals and policies of the General Plan. Section 3. Environmental Findinas. The City Council hereby makes the following environmental findings and determinations in connection with the recommended approval of the proposed General Plan Amendment (the Project): A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the General Plan Amendment as described in the Initial Study. Based upon the findings contained in that study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on August 4,2007, and expired on September 3, 2007. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall, 43200 Business Park Drive, Temecula, California 92590. C. Three written comments were received prior to the public hearing and a response to all the comments made therein was prepared, submitted to the Planning Commission and incorporated into the administrative record of the proceedings. D. The City Council reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the , City Council meeting and based on the whole record before it finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. E. Based on the findings set forth in this Resolution, the City Council adopts the Mitigated Negative Declaration prepared for this project. Section 4. Effective Date. This Resolution shall become effective on PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 07- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , by the following vote: AYES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSENT: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk EXHIBIT A PROPOSED GENERAL PLAN AMENDMENT G:\P!anning\2007\PA07-0048 Temecu!. 84 GPA\P!.nning\DRAFT PC Resn GPA.doc 6 en f ~ li en ii: :: i;jj ~-g c .. Gl...J Cl en Gl > :g GO :is' Q c o :;:: Q. 'I: U en GO o c o ~ ..9 c .. ii: u ;;:: 'u GO Q. UI f " - " LL ,5 ;:; Gi...J .0, .. OJ ...JU:: "'" 00 ~ Q. ~ c '" a: ::::i~ 'u .. Q. en c .. CtI;g a: en o en ;;:: 0 '(3 a. ~ui' en '" "'w .. ~ .= en ::l CO C g.....:-~ ~.~ a.. - ~ 0-0 c~~ (J) '0 0 .. c .. o .- c.. "'O.....:-(/) -.~ co (I)~- J: .. 0 E!:.Eiii ~8 E 1; fS: B.. 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