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Home My WebLink About12-004 CC Resolution RESOLUTION NO. 12-04 AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA10-0148, AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE PLAN MAP FROM VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L) DENSITY RESIDENTIAL (APNS 957-170-032 THROUGH - 036) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES 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 a public notice, in the time and manner prescribed by State and local law, including the California Environmental Quality Act. D. A Mitigated Negative Declaration was prepared for the Project in accordance with the California Environmental Quality Act and the California Environmental Quality Act Guidelines ("CEQA") and circulated for public review from August 8, 2011 through September 7, 2011 for a 30-day public review. 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. F. Following consideration of the entire record before it at the public hearing and due consideration of the proposed Project the Planning Commission recommended that the City Council adopt the Mitigated Negative Declaration prepared for the Project. R:/Resos 2012/Resos 12-04 1 G. At the conclusion of the Planning Commission hearing and after due consideration of the entire record before the Planning Commission hearing, and after due consideration of the testimony regarding the proposed Project, the Planning Commission recommended that the City Council approve the Project including 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. H. On January 10, 2012, the City Council of the City of Temecula considered the Project and the Mitigated Negative Declaration, at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The Council considered all the testimony and any comments received regarding the Project and the Mitigated Negative Declaration prior to and at the public hearing. I. Following the public hearing, the Council adopted Resolution No. 12-03 adopting the Mitigated Negative Declaration and Mitigation Monitoring Program. J. All legal preconditions to the adoption of this Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Project hereby finds, determines and declares that: A. The proposed amendment is consistent with the direction, goals and policies of the adopted General Plan; This application is accompanied by a Tentafive Tract Map 36295, Home Product Review Application and Zone Change to a PDO. The General Plan Amendment and Zone Change to a PDO establish the density and design framework for the proposed cluster subdivision development. The proposed design preserves approximate/y 13 acres of the 25 gross acre site in permanently preserved open space, thereby promoting the goals of the General Plan to preserve habitat and provide additional trails and active parkland. The project design is consistent with the General Plan and all applicab/e requrrements of State law and other Ordinances of the City. B. The proposed amendment is consistent with all other elements and policies of the General Plan. C. The proposed amendment will not have an impact on the character of the surrounding area; The proposed Genera/ P/an Amendment will not have an impact on the character of the surrounding area because it has been designed as a conservation/cluster development to provide a transition between high and /ow density development within the rural Nico/as Valley. The proposed development will preserve approximately 13 acres of the 25 gross acre site, and provide additional trails and preserve habitat. In addition, the General Plan Amendment is accompanied by a R:/Resos 2012/Resos 12-04 2 Home Product Review Application that has been reviewed and conditioned to provide homes of a high quality design via appropriate massing, roofline variation, high quality and varied materials, and floor plan square footage consistent with existing development in the surrounding area. Section 3. Amendment to General Plan. The City Council hereby amends the existing General Plan on file with the City of Temecula City Clerk's office by designating the property located on 45 acres located east of Walcott Lane and west of Butterfield Stage Road in the City of Temecula (APNS 957-170-032 through -036) as shown on Exhibit A, attached hereto and incorporated herein by this reference. Section 4. Severability. If any portion, provision, section, paragraph, sentence, or word of this Ordinance is rendered or declared to be invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect and shall be interpreted by the court so as to give effect to such remaining portions of the Ordinance. Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 10 day of January, 2012. :, i �_, � � � � -��--_� �._ � - -� , huck Washington, Mayor ATTEST: � � usan . Jones!, MMC Ci erk [SEAL] R:/Resos 2012/Resos 12-04 3 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. 12-04 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 10 day of �January, 2012, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Roberts, � Washington NOES: 0 COUNCIL MEMBERS: None ABSENT: � 1 COUNCIL MEMBERS: Naggar ABSTAIN: 0 COUNCIL MEMBERS: None . , � Susa W. Jones, MMC City Clerk R:/Resos 2012/Resos 12-04 4 � � _ G�,`N�,'1 ti'AL E-'L�llv l�,'XI �1 L31 '1 ' � ` s, \ iai i. " - �� ' ' � 1 � ° n"n �v:i � � 1 5 � � � _ i �..=� , - �-�. _ ' � ' - � _ _ uw �ei-uo-oi. � l �, _ _`_ _ _ .;J �'------__ --w��°.9rr a",�. - 1_,-__ ��,�,;,� ! ryp '� � � ��` _ . `_ ' ,._ _`'` _ � � � �' _ _ APx Y!J-IIOVPI ; � 2�%ifi� 1 +� j/ I �� - �� w.. 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