HomeMy WebLinkAbout07_039 PC Resolution
PC RESOLUTION NO. 07-39
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL ADOPT AN ORDINANCE ENTITLED "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THE FIRST AMENDMENT TO
THE HARVESTON SPECIFIC PLAN DEVELOPMENT
AGREEMENT (PLANNING APPLICATION NO. PA07-
0252)"
Section 1. Procedural Findinas. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. The City of Temecula ("City"), a general law City in the State of California,
Lennar Homes, Inc., a California Corporation and Winchester Hills I LLC, a California
limited liability company ("Winchester"), entered into a Development Agreement dated
August 28, 2001 for the development of the Harveston Specific Plan ("Development
Agreement").
B. On August 29, 2007, Winchester Hills I LLC, filed Planning Application No.
PA07-0252, a Development Agreement Amendment, in a manner in accord with the
City of Temecula General Plan and Development Code.
C. The application 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 October 3, 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 the
attached Development Agreement Amendment 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
approval of the application hereby finds, determines and declares that:
A. The First Amendment is consistent with the City's General Plan, and each
element thereof and constitutes a present valid exercise of the City's police power.
B. The First Amendment is being entered into pursuant to and in compliance
with the requirements of Government Code Section 65867.
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Section 3. Environmental Compliance FindinQs. The Planning Commission
further finds, determines and declares that:
A. On August 28, 2001, the City Council approved and certified Final
Environmental Impact Report ("FEIR") for the Harveston Specific Plan. Pursuant to
California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal.
Code of Regs. 915000 et. seq.), the City of Temecula has prepared an Addendum to
make a minor change to a previously certified EIR in connection with the amendment of
the Development Agreement and the construction of a motor vehicle dealership within
the Specific Plan.
B. The City prepared an Initial Study to determine whether the amendment of
the Development Agreement or construction of the motor vehicle dealership within the
SpeCific Plan triggered any of the conditions described in Sections 15162 and 15163 of
the CEQA Guidelines which require the preparation of a subsequent or supplemental
EIR. The Initial Study evaluated the impacts of the proposed Development Agreement
Amendment on Land Use and Planning, Public Services, Utilities and Service Systems,
Population and Housing, Transportation/Circulation, Water, Biological Resources,
Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics,
Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance.
C. The Initial Study compared the environmental impacts of the proposed
Development Agreement Amendment and the motor vehicle dealership with the
identified environmental impacts of the approved Development Agreement evaluated in
the previously certified Harveston Specific Plan EIR. The analysis in the Initial Study
indicates that no new significant effects will be caused by the Development Agreement
Amendment and subsequent construction of a motor vehicle dealership within the
Specific Plan. Nor will the proposed Development Agreement Amendment and motor
vehicle dealership increase the severity of any previously identified significant impact.
The impacts will remain the same as analyzed in the Harveston Specific Plan EIR.
D. The Initial Study also analyzed whether new circumstances would result in
new significant effects or increase the severity of previously identified effects. The Initial
Study found that no new circumstances exist that introduce new significant effects or
increase the severity of previously identified significant effects.
E. Further, the Initial Study analyzed whether new information exists that
indicates that the project would introduce new significant effects or increase the severity
of previously identified significant effects, or whether any new information suggests new
mitigation measures or shows that the mitigation measures previously identified as
infeasible are in fact feasible. The Initial Study found no new information that suggested
new significant effect or increased the severity of previously identified effects. Nor did
any new information suggest new mitigation measures or suggest that mitigation
measures previously identified as infeasible were in fact feasible.
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F. Because the Initial Study finds no new significant effects, no increase in
the severity of previously identified effects, no new mitigation measures and no change
in the mitigation measures previously discussed, the Planning Commission finds that a
supplemental or subsequent EIR need not be prepared, and that the City may rely on
the Addendum to approve the Development Agreement Amendment and the
construction of the motor vehicle dealership within the Specific Plan.
G. The Planning Commission finds that the Initial Study and Addendum were
prepared in compliance with CEQA. The Planning Commission hereby recommends
that the City Council certify and approve the Initial Study and Addendum prepared for
the Development Agreement Amendment and the construction of a motor vehicle
dealership within the Specific Plan. The Planning Commission further finds that the
conclusions reached in the Initial Study and Addendum represents the independent
judgment of the Commission.
H. The custodian of records for the Initial Study, Addendum and all other
materials, which constitute the record of proceedings upon which the Planning
Commission's decision is based, is the Planning Department of the City of Temecula.
Those documents are available for public review in the Planning Department located at
Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula,
California.
Section 4. Recommendation. The Planning Commission of the City of
Temecula hereby recommends that the City Council adopt Ordinance 07-_ approving
the First Amendment to the Harveston Specific Plan Development Agreement in
substantially the form of Exhibit "A" attached hereto.
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Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of October, 7.
, ........
Dennis C .
, Chairman
ATTEST:
~~. t{f;;,d/~
Debbie Ubnoske, Secretary
[SEAL]
STATE OF CALIFORNIA )
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. 07-39 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the 3rd
day of October 2007, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Carey, Chiniaeff, Guerriero, Harter,
Telesio
NOES: 0 PLANNING COMMISSIONERS: None
ABSENT: 0 PLANNING COMMISSIONERS: None
ABSTAIN: 0 PLANNING COMMISSIONERS: None
~I;,.--. q'~1'~~
Debbie Ubnoske, Secretary
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EXHIBIT A
PROPOSED CC ORDINANCE 07-_
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ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THE FIRST AMENDMENT
TO DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF TEMECULA AND WINCHESTER HILLS I, LLC
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Temecula does hereby find,
determine and declare that:
A. The City of Temecula ("City"), a general law City in the State of California,
Lennar Homes, Inc., A California Corporation and Winchester Hills I LLC, a California
limited liability company ("Winchester"), entered into a Development Agreement dated
August 28, 2001 for the development of the Harveston Specific Plan ("Development
Agreement").
B. On August 29, 2007, Winchester Hills I LLC, filed Planning Application No.
PA07-0252, a Development Agreement Amendment, in a manner in accord with the
City of Temecula General Plan and Development Code.
C. Government Code Section 65864 authorizes the City to enter into binding
development agreements with persons having legal or equitable interests in real
property for the development of such property in order to, among other matters: ensure
high quality development in accordance with comprehensive plans; provide certainty in
the approval of development projects so as to avoid the waste of resources and the
escalation in the cost of housing and other development to the consumer; provide
assurance to the applicants for development projects that they may proceed with their
projects in accordance with existing policies, rules and regulations and subject to
Conditions of Approval, in order to strengthen the public planning process and
encourage private participation in comprehensive planning and reduce the private and
public economic costs of development; and provide for economic assistance to Owner
for the entitlements authorizing development related improvements.
D. On October 3, 2007, the Planning Commission of the City of Temecula
held a duly noticed public hearing on the proposed First Amendment to the
Development Agreement ("First Amendment") as prescribed by law at which time all
persons interested in the proposed First Amendment had the opportunity to and did
address the Planning Commission on this matter.
E. Following consideration of the entire record of information received at the
public hearings and due consideration of the proposed First Amendment, the Planning
Commission adopted Resolution No. 2007- _ recommending to the City Council
approve the proposed First Amendment.
F. On October 9, 2007 the City Council of the City of Temecula held a duly
noticed public hearings on the proposed First Amendment as prescribed by law at which
time all persons interested in the proposed First Amendment to the Development
Agreement had the opportunity and did address the City Council on this matters.
G. Following due consideration of the testimony received at the public
hearing and the administrative record, the City Council adopted this Ordinance.
Section 2. Environmental Compliance Findinas. The City Council further
finds, determines and declares that:
A. On August 28, 2001, the City Council approved and certified Final
Environmental Impact Report ("FEIR") for the Harveston Specific Plan. Pursuant to
California Environmental Quality Act ("CEQA") Guidelines section 15164(a) (14 Cal.
Code of Regs. 915000 et. seq.), the City of Temecula has prepared an Addendum to
make a minor change to a previously certified EIR in connection with the proposed First
Amendment and the construction of a motor vehicle dealership within the Specific Plan.
B. The City prepared an Initial Study to determine whether the First
Amendment or construction of the motor vehicle dealership within the Specific Plan
triggered any of the conditions described in Sections 15162 and 15163 of the CEQA
Guidelines which require the preparation of a subsequent or supplemental EIR. The
Initial Study evaluated the impacts of the proposed First Amendment and the motor
vehicle dealership on Land Use and Planning, Public Services, Utilities and Service
Systems, Population and Housing, Transportation/Circulation, Water, Biological
Resources, Energy and Mineral Resources, Cultural Resources, Recreation, Aesthetics,
Geophysical, Hazards, Noise, Air Quality and Mandatory Findings of Significance.
C. The Initial Study compared the environmental impacts of the proposed
First Amendment and motor vehicle dealership with the identified environmental impacts
of the approved Development Agreement evaluated in the previously certified
Harveston Specific Plan EIR. The analysis in the Initial Study indicates that no new
significant effects will be caused by the First Amendment and subsequent construction
of a motor vehicle dealership within the Specific Plan. Nor will the proposed First
Amendment and motor vehicle dealership increase the severity of any previously
identified significant impact. The impacts will remain the same as analyzed in the
Harveston Specific Plan EIR.
D. The Initial Study also analyzed whether new circumstances would result in
new significant effects or increase the severity of previously identified effects. The Initial
Study found that no new circumstances exist that introduce new significant effects or
increase the severity of previously identified significant effects.
E. Further, the Initial Study analyzed whether new information exists that
indicates that the project would introduce new significant effects or increase the severity
of previously identified significant effects, or whether any new information suggests new
mitigation measures or shows that the mitigation measures previously identified as
infeasible are in fact feasible. The Initial Study found no new information that suggested
new significant effect or increased the severity of previously identified effects. Nor did
any new information suggest new mitigation measures or suggest that mitigation
measures previously identified as infeasible were in fact feasible.
F. Because the Initial Study finds no new significant effects, no increase in
the severity of previously identified effects, no new mitigation measures and no change
in the mitigation measures previously discussed, the Planning Commission finds that a
supplemental or subsequent EIR need not be prepared, and that the City may rely on
the Addendum to approve the Development Agreement Amendment and the
construction of the motor vehicle dealership within the Specific Plan.
G. The City Council finds that the Initial Study and Addendum were prepared
in compliance with CEQA. The City Council certifies and approves the Initial Study and
Addendum prepared for the Development Agreement Amendment and the construction
of a motor vehicle dealership within the Specific Plan. The Planning Commission
further finds that the conclusions reached in the Initial Study and Addendum represents
the independent judgment of the Commission.
H. The custodian of records for the Initial Study, Addendum and all other
materials, which constitute the record of proceedings upon which the Planning
Commission's decision is based, is the Planning Department of the City of Temecula.
Those documents are available for public review in the Planning Department located at
Planning Department of the City of Temecula, 43200 Business Park Drive, Temecula,
California.
that:
Section 3. Further Findinas. The City Council hereby finds and determines
A. The First Amendment is consistent with the objectives, policies, general
land uses, and programs specified in the City of Temecula General Plan and each of its
elements in that the Development Agreement makes reasonable provision for the use of
certain real property for industrial, commercial and residential development.
B. The First Amendment complies with the goals and objectives of the
Circulation Element of the General Plan.
C. The First Amendment is in conformity with the public convenience, general
welfare, and good land use practice because it makes reasonable provision for a
balance of land uses compatible with the remainder of the City.
D. The First Amendment will not be detrimental to and will promote the
health, safety, or general welfare of the community because it provides adequate
assurances for the protection thereof.
E. All legal reconditions to the adoption of this Ordinance has occurred.
Section 4. Approval. The City Council of the City of Temecula hereby
approves that certain agreement entitled "First Amendment to Development Agreement
by and between the City of Temecula, Lennar Homes, Inc., a California corporation, and
Winchester Hills I LLC, a California limited liability company" ("First Amendment")
between the City of Temecula and Winchester Hills I LLC in substantially the form
attached hereto as Exhibit A, with such changes to the First Amendment as may be
mutually agreed upon by Winchester Hills I LLC and the City Manager and which are in
substantial conformance with the form of such First Amendment attached hereto. The
Mayor is hereby authorized to execute the First Amendment, including related exhibits
and attachments on behalf of the City. A copy of the final First Amendment when
executed by the Mayor and the other parties shall be placed on file in the Office of the
City Clerk.
Section 5 Authoritv of City Manaaer. The City Manager (or his designee), is
hereby authorized, on behalf of the City, to take all actions necessary and appropriate to
carry out and implement the First Amendment and to administer the City's obligations,
responsibilities and duties to be performed under the First Amendment, including but
not limited to, approval and execution on behalf of the City of acceptances, certificates,
certificates of completion and such other implementing agreements and documents as
contemplated, necessary or described in the Development Agreement.
Section 6. Certification. The City Clerk shall certify to the adoption of this
Ordinance. This Ordinance shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 23rd day of October, 2007.
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 Ordinance No. 07- was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 9th day of October, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 23rd day of October, 2007, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W. Jones, MMC
City Clerk