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Home My WebLink About98-01 CC OrdinanceORDINANCE NO. 98-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA97-0158 (ZONING AMENDMENT # 6 TO SPECIFIC PLAN NO. 219),THE PALOMA DEL SOL SPECIFIC PLAN, ON PROPERTY GOLLY LOCATED NORTH OF SR79 SOUTH, EAST OF MARGARITA ROAD, SOUTH OF PAUBA ROAD AND WEST OF BUTTERFIELD STAGE ROAD AND KNOWN AS ASSESSOR'S PARCEL NUMBERS 950-020-001 THROUGH 950-020-004, 950020-009 THROUGH 950-020-0259 950020-0279 950020-0299 955-030-002 THROUGH 955-030004 AND 955-030-006 THROUGH 955-030011 THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA, DOES ORDAIN AS FOLLOWS: Section 1. The City Council in approving Planning Application No. PA97- 0158 (Amendment # 6 to Specific Plan No. 219), makes the following findings, to wit: 1. Planning Application No. PA97-0158 (Amendment #6 to Specific Plan No. 219), as proposed, is compatible with the health, safety and welfare of the community. 2. Planning Application No. PA97-0158 (Zoning Amendment [Amendment #6 to Specific Plan No. 219]) is consistent with the City's General Plan. 3. The project is compatible with surrounding land uses. The project consists of the modification to an existing Specific Plan, with no changes to the overall density or the number of units. Ultimate development of the site will be consistent and compatible with the existing land use in the area. 4. The proposal will not have an adverse effect on surrounding property, because it does not represent a significant change to The planned land use of The area, due to the fact that the proposed land use is consistent with the overall concept of Specific Plan No. 219. 5. The changes proposed in the approved Specific Plan are minor and do not increase The impacts associated with the development or the overall intensity of the development as analyzed in Environmental Impact Report 235. The mitigation measures prepared for this Environmental Impact Report (EIR) will be applied to this project. Section 2. Environmental Compliance. The City of Temecula General plan EIR was certified on November 9, 1993. Environmental Impact Report No. 235 was prepared for Specific ora8\98-01 Plan No. 219 and was certified by the County Board of Supervisors. In addition, an Addendum to that EIR was prepared in 1992 for Amendment No. 4 to the Paloma del Sol Specific Plan. Based upon this information, it is Staffs opinion that due to the scope (a decrease in the overall density of the project) of the proposed General Plan Amendment and Zoning Amendment, there will be no effect on the previous analysis. According to Section 21166 of the California Environmental Quality Act (CEQA), no subsequent or supplemental environmental impact report is required for the project unless one or more of the following events occurs: substantial changes are proposed in the project which will require major revisions of the EIR; substantial changes occur with respect to circumstance under which the project is being undertaken which will require major revisions in the EIR; or, new information, which was not known at the time of the EIR was certified and complete becomes available. None of these situations have occurred; therefore, no further environmental analysis is required. The City Council hereby determines that the project is consistent with a project for which an Environmental Impact Report was previously certified. Section 3. Ate. That the City of Temecula City Council hereby approves Planning Application No. PA97-0158 (Amendment #6 to Specific Plan No. 219) on property generally located north of SR79 South, east of Meadows Parkway (north) and Margarita Road (south), south of Pauba Road and west of Butterfield Stage Road and known as Assessor's Parcel Numbers 950- 020-001 through 950-020-004, 950-020-009 through 950-020-025, 950-020-027, 950-020-029, 955-030-002 through 955-030-004 and 955-030-006 through 955-030-011, and conditioned in Exhibit "B", attached hereto, and subject to the conditions contained in Exhibit "B", in incorporated herein by this reference and made a part hereof. Section 4. This Ordinance shall be in full force and effect thirty (30) days after its passage. The City Clerk shall certify to The adoption of this Ordinance. The City Clerk shall publish a summary of this Ordinance and a certified copy of The full text of this Ordinance shall be posted in The office of The City Clerk at least five days prior to The adoption of this Ordinance. Within 15 days from adoption of this Ordinance, The City Clerk shall publish a summary of this Ordinance, together with The names of The Councilmembers voting for and against The Ordinance, and post The same in The office of The City Clerk. ord8\98-01 2 Section 5. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 27th day of January, 1998. Ron Roberts, ayor ATTEST: U-4 Susan . Jones, MC City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE) ss CITY OF TEMECULA I, Susan W. Jones, Acting City Clerk of The City of Temecula, California, do hereby certify that The foregoing Ordinance No. 98-01 was duly introduced and placed upon its first reading at a regular meeting of The City Council on The 13th day of January, 1998, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of The City Council of The City of Temecula on the 27th day of January, 1998, by The following roll call vote: AYES: 5 COUNCILMEMBERS: NOES: 0 COUNCILMEMBERS: ABSENT: 0 COUNCILMEMBERS: ords\98-01 Comerchero, Ford, Lindemans, Stone Roberts None None san *.Jones, C C Acting City Clerk ' EXHIBIT B CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA97-0158 (Zoning Amendment, Specific Plan No. 219) Project Description: Planning Application No. PA97-0158 (Zoning Amendment [Amendment # 6 to the Paloma del Sol Specific Plan]): Amendment of the Paloma del Sol Specific Plan and Specific Plan Ordinance. Approval Date: Expiration Date: PLANNING DEPARTMENT Within Thirty 130) Days From the Second Reading of The Ordinance Approving the Amendment The applicant shall submit the Amended Specific Plan text to the Planning Department. Failure to submit the amended text within 30 days shall void this approval. General Requirements 2. The developer/applicant shall indemnify, protect, defend, and hold harmless, the City and any agency or instrumentality thereof, and/or any of its officers, employees and agents from any and all claims, actions, or proceedings against the City, or any agency or instrumentality thereof, or any of its officers, employees and agents, to attack, set aside, void, annul, or seek monetary damages resulting from an approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application No. PA97-0158 (Zoning Amendment, Specific Plan No. 219) which action is brought within the appropriate statute of limitations period and Public Resources Code, Division 13, Chapter 4 (Section 21000 tS M., including but not by the way of limitations Section 21152 and 21167). City shall promptly notify the developer/applicant of any claim, action, or proceeding brought within this time period. City shall further cooperate fully in the defense of the action. Should the City fail to either promptly notify or cooperate fully, developer/applicant shall not, thereafter be responsible to indemnify, defend, protect, or hold harmless the City, any agency or instrumentality thereof, or any of its officers, employees, or agents. 3. The applicant shall comply with all underlying conditions of approval for Specific Plan No. 219, and its previous amendments, unless superseded by these conditions of approval. 4. The amendment to the Specific Plan text shall conform with Attachment No. 7 (Specific Plan Text). R:1SrAPPRrn158PA9/.PC IMM id 12 5. The amendment to the Specific Plan Ordinance shall conform with Attachment No. 8 (Specific Plan Ordinance). COMMUNITY SERVICES DEPARTMENT 6. The City's park land dedication requirements shall be satisfied with the dedication of a 5.0 acre neighborhood park identified in Planning Area 29A. 7. The design of the 5.0 acre in Planning Area 29A shall provide for pedestrian circulation and handicapped accessibility pursuant to the American Disability Act (ADA) standards. B. The installation of all landscape materials and irrigation equipment for the public park and the landscaped medians shall be in conformance with the City of Temecula Landscape Development Plan Guidelines and Specifications and all applicable TCSD standards. 9. Construction of the 5.0 acre park and landscape medians proposed for dedication to the City shall commence pursuant to a pre -job meeting with the developer and the City Maintenance Superintendent. 10. The 5.0 acre park facility shall be dedicated to the City free and clear of any liens, assessments, or easements that would preclude the City from using the property for public park and/or recreational purposes. A policy of title insurance and a soils assessment report shall also be provided with the dedication of the property. 11. The developer shall complete the TCSD application and dedication process prior to the acceptance of street lighting and landscaped medians into the respective TCSD maintenance programs. 12. All private parks, paseo/open space areas and perimeter slope areas shall be maintained by an established Home Owners' Association (HOA). OTHER AGENCIES 13. The applicant shall comply with the recommendations outlined in the Riverside Transit Agency transmittal dated July 10, 1997, a copy of which is attached. 14. The applicant shall comply with the recommendations outlined in the Rancho California Water District transmittal dated July 9, 1997, a copy of which is attached. 15. The applicant shall comply with the recommendations outlined in the County of Riverside Department of Environmental Health's transmittal dated July 24, 1997, a copy of which is attached. R:l4rAPPRM158PA97.PC 116Mjid 13