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Home My WebLink About12-023 PC Resolution PC RESOLUTION NO. 12-23 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 DECLARATI4N AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE" (APN 944-060-006) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PAl2-0033, Development Plan, and PAl2-0034, a General Plan Amendment and Zone Change to amend Planr�ed Development Overlay- 11 (PDO-11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PAl2-0033, Development Plan, and PAl2-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay-11 (PDO- 11). 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 17, 2012, 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. � Af 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. PAl2-0033, Development Plan and PAl2-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay-11 (PDO- 11) 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 recommendation for approval of Planning Application Nos. PAl2-0033, Development Plan, and PAl2-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay-11 (PDO-11) (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 Project, 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 September 14, 2012, and expired on October 14, 2012. 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 92590. C. Four 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 October 17, 2012 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 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 17 day of October, 2012. �: ✓ on Guerriero, Chairman ATTEST: � — Patrick Richardson, Secretary - [SEAL]� ; .-� .. ; � STATE GF GAI_i�ORNIA ) COI;NTY OF'�IVERSIDE )ss CITY OF TEMECULA ) I, Patrick Richardson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 12-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 17�' day of October, 2012, by the following vote: AYES: 4 PLANNING COMMISSIONERS: Carey, Harter, Kight, Telesio NOES: 0 PLANNING COMMISSIONERS None ABSENT: 1 PLANNING COMMISSIONERS Guerriero ABSTAIN: 0 PLANNING COMMISSIONERS None Patrick Richardson, Secretary EXHIBIT A CITY COUNCIL RESOLUTION • RESOLUTION NO. 12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR A GENERAL PLAN AMENDMENT FROM MEDIUM DENSITY RESIDENTIAL (M) TO HIGH DENSITY RESIDENTIAL (H); A ZONE CHANGE TO REVISE THE TEXT FOR PLANNED DEVELOPMENT OVERLAY-11 (PDO-11); AND A DEVELOPMENT PLAN TO CONSTRUCT 120 APARTMENT UNITS ON 7.24 ACRES LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (APN 944-060- 006) 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 February 22, 2012, John Snell, representing Inland Communities Corp, filed Planning Application Nos. PAl2-0033, Development Plan, and PAl2-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay- 11 (PDO-11) in a manner in accord with the City of Temecula General Plan and Development Code. B. On October 17, 2012, the Planning Commission recommended approval of Planning Application Nos. PAl2-0033, Development Plan, and PAl2-0034, a General Plan Amendment and Zone Change to amend Planned Development Overlay-11 (PDO- 11). . C. The Project was processed, including but not limited to all public notices, in the time and manner prescribed by 'State and local faw, .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, The Planning Commission, at a regular meeting, considered the Application and environmental review on October 17, 2012, 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. F. The Planning Commission reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the October 17, 2012 public hearing and, based on the whole record before it, found 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. G. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration prepared for this project. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , 2012. 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. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , 2012, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS; ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: � Susan W. Jones, MMC City Clerk