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Home My WebLink About11-061 PC Resolution PC RESOLUTION NO. 11-61 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPT A RESOLUTION ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION, AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL- VERY LOW DENSITY TO L-LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE � AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS" (APNS 957-170-032 THROUGH -036) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code. B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. 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 November 16, 2011, 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 Planning Commission recommended that the City Council approve Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment with a Mitigated Negative ,Declaration and Mitigation Monitoring Program subject to and based upon the findings set forth thereunder. F. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Environmental Findings. The Planning Commission hereby makes � the following environmental findings and determinations in connection with the approval of Planning Application Nos . PA10-0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. A. Pursuant to California Environmental Quality Act ("CEQA), City staff prepared an Initial Study of the potential environmental effects of the approval of the Specific Plan Amendment Application, 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 8, 2011, and expired on September 7, 2011. Copies of the documents have been available for public review and inspection at the offices of the Department of Planning, located at City Hall 41000 Main Street, Temecula, California 92589. 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 Planning Commission has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the November 16, 2011 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 �ndings set forth in the Resolution, the Planning Commission hereby recommends that the City Council adopt the Mitigated Negative Declaration prepared for this project. Section 3. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 16�' day of November, 2011. �� ` � � � �' Pat Kight, Chairman ATTEST: Patrick Richardson, Secretary [SEAL] - � .. � " STATE OF;�ALIFORNIA ) COUNTY,��;F RIVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 11-61 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 16�' day of November, 2011, by the following vote: AYES: 3 PLANNING COMMISSIONERS: Carey, Harter, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 2 PLANNING COMMISSIONERS Guerriero, Kight ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary EXHIBIT A CC RESOLUTION RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A ZONE CHANGE AND GENERAL PLAN AMENDMENT FROM VL-VERY LOW DENSITY TO L-LOW DENSITY WITH A PDO; A TENTATIVE TRACT MAP TO SUBDIVIDE 25 ACRES INTO 45 LOTS; AND A HOME PRODUCT REVIEW APPLICATION LOCATED EAST OF WALCOTT LANE AND WEST OF BUTTERFIELD STAGE ROAD, APPROXIMATELY 1,500 FEET NORTH OF LA SERENA WAY AND 1,100 FEET SOUTH OF CALLE CHAPOS (APNS 957-170-032 THROUGH -036). THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On May 12, 2010, Mr. Steve Galvez filed Planning Application Nos. PA10- 0145, Tentative Tract Map 36295; PA10-0146, Home Product Review; PA10=0147, Zone Change to PDO; and PA10-0148, General Plan Amendment in a manner in accord with the City of Temecula General Plan and Development Code: B. On November 16, 2011, the Planning Commission recommended approval of Planning Application Nos. PA10-0145, Tentative Tract Map 36295; PA10- 0146, Home Product Review; PA10-0147, Zone Change to PDO; and PA10-0148, General Plan Amendment. C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by State and local law, including the California Environmental Quality Act, Public Resources Code § 21000, et seq. and the California Environmental Quality Act Guidelines, 14. Cal. Code Regs. § 15000 et seq. (collectively referred to as "CEQA") D. Pursuant to CEQA, the City is the lead agency for the Project because it is the public agency with the authority and principal responsibility for approving the Project. E. On November 16, 2011, at a duly noticed public hearing as prescribed by law, the Planning Commission considered the Project and any comments received prior to or at the public hearing on November 16, 2011, at which time the City staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to the Project and the Mitigated Negative Declaration. 1 F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 5, 2011 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) Mitigated Negative Declaration reflects the independent judgment and analysis of the Planning Commission. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. 2 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , , 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [S EAL] 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2011, by the following vote: AYES: COUNCIL MEMBERS: z NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 3