HomeMy WebLinkAbout14-012 PC Resolution PC RESOLUTION NO. 14-12
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA RECOMMENDING THAT THE
CITY COUNCIL APPROVE AN ORDINANCE ENTITLED
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA12-0131, AN AMENDMENT TO THE GENERAL
PLAN TO CHANGE THE LAND USE PLAN MAP FROM
VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L)
DENSITY RESIDENTIAL AND OPEN SPACE (OS)" ON 73
GROSS ACRES AT THE SOUTHEAST CORNER OF VIA
LOBO AND NICOLAS ROAD (APNS 919-350-017, 018,
019, 020)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12-
0131, General Plan Amendment; PA12-0132, Zone Change to a PDO; PA12-0133,
Tentative Tract Map 36479; and PA12-0134, Home Product Review application in a
manner in accord with the City of Temecula General Plan and Development Code.
B. On May 21, 2014, the Planning Commission recommended approval of
Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone
Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home
Product Review.
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
Applications and environmental review on May 21, 2014, 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 Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a PDO;
PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review
application with a Mitigated Negative Declaration and Mitigation Monitoring Program
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 Findings. The Planning Commission, in approving the
Application hereby finds, determines and declares that: General Plan Amendment
Application No. PA12-0131 is in conformance with the General Plan for Temecula and
with all applicable requirements of State Law and other Ordinances of the City:
A. The proposed amendment is consistent with the direction, goals and
policies of the adopted General Plan;
This application is accompanied by Tentative Tract Map 36479, 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
approximately 39 acres of the 73 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 applicable requirements of State law and other
Ordinances of the City.
B. The proposed amendment will not have an impact on the character of the
surrounding area;
The proposed General Plan 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 low density development
within the rural Nicolas Valley. The proposed development will preserve
approximately 39 acres of the 73 gross acre site, and provide additional trails and
preserve habitat. In addition, the General Plan Amendment is accompanied by a
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. Environmental Findings. The Planning Commission hereby makes
the following environmental findings and determinations in connection with the approval
of the General Plan Amendment Application, PA12-0131:
A. Pursuant to California Environmental Quality Act (CEQA), City staff
prepared an Initial Study of the potential environmental effects of the approval of the
General Plan Amendment and associated applications, 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 April 21, 2014, and expired on May 20, 2014.
Copies of the documents have been available for public review and inspection at the
offices of the Department of Community Development, 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 May 21, 2014 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.
Section 4. Recommendation. The Planning Commission of the City of
Temecula hereby recommends that the City Council approve Planning Application No.
PA12-0131, a General Plan Amendment to change the land use plan map from Very
Low (VL) Density Residential to Low (L) Density Residential and Open Space (OS)
(APNs 919-350-017, 018, 019, 020).
Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 215` day of May, 2014.
nley Harter, airman
ATTEST:
Armando G. Villa, AICP
Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY-OF RIVERSIDE )ss
CITY OF TEMECULA )
I, Armando G. Villa, Secretary of the Temecula Planning Commission, do
hereby certify that the forgoing PC Resolution No. 14-12 was duly and regularly
adopted by the Planning Commission of the City of Temecula at a regular meeting
thereof held on the 2151 day of May, 2014, 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 P
Armando G. Villa, AICP
Secretary
EXHIBIT A
CC ORDINANCE
ORDINANCE NO. 14-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION
NO. PA12-0131, AN AMENDMENT TO THE GENERAL
PLAN TO CHANGE THE LAND USE PLAN MAP FROM
VERY LOW (VL) DENSITY RESIDENTIAL TO LOW (L)
DENSITY RESIDENTIAL AND OPEN SPACE (OS) ON 73
GROSS ACRES AT THE SOUTHEAST CORNER OF VIA
LOBO AND NICOLAS ROAD (APNS 919-350-017, 018,
019, 020)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. Procedural Findings. The City Council of the City of Temecula
does hereby find, determine and declare that:
A. On July 12, 2012, Mr. Lenny Dunn filed Planning Application Nos. PA12-
0131, General Plan Amendment; PA12-0132, Zone Change to a Planned Development
Overlay (PDO); PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home
Product Review application in a manner in accord with the City of Temecula General
Plan and Development Code.
B. On May 21, 2014, the Planning Commission recommended approval of
Planning Application Nos. PA12-0131, General Plan Amendment; PA12-0132, Zone
Change to a PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home
Product Review.
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 California Environmental
Quality Act Guidelines (CEQA) and circulated for public review from April 21, 2014 to
May 20, 2014 for a 30-day public review. Copies of the documents have been available
for public review and inspection at the offices of the Department of Community
Development, located at City Hall, 41000 Main Street, Temecula, California 92590.
E. On May 21, 2014, 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 May 21, 2014, 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.
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. PA12-0131, General Plan Amendment; PA12-0132, Zone Change to a
PDO; PA12-0133, Tentative Tract Map 36479; and PA12-0134, Home Product Review
in a manner in accord with the City of Temecula General Plan and Development Code.
H. On , 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. 14-
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 Tentative Tract Map 36479, 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
approximately 39 acres of the 73 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 applicable requirements of State law and other
Ordinances of the City.
B. The proposed amendment will not have an impact on the character of the
surrounding area;
The proposed General Plan 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 low density development
within the rural Nicolas Valley. The proposed development will preserve
approximately 39 acres of the 73 gross acre site, and provide additional trails and
preserve habitat. In addition, the General Plan Amendment is accompanied by a
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. The City Council hereby amends the existing General Plan on file
with the City of Temecula City Clerk's office.
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 5. Effective Date. This Ordinance shall take effect thirty (30) days
after its adoption.
Section 6. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it to be published in the manner required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this day of 12014.
Maryann Edwards, Mayor
ATTEST:
Gwyn R. Flores, CMC
Acting City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Gwyn R. Flores, CMC, Acting City Clerk of the City of Temecula, do hereby
certify that the foregoing Ordinance No. 14- was duly introduced and placed upon its
first reading at a meeting of the City Council of the City of Temecula on the day of
, 2014, and that thereafter, said Ordinance was duly adopted by the City Council of
the City of Temecula at a meeting thereof held on the day of 2014, the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Gwyn R. Flores, CMC
Acting City Clerk
EXHIBIT B
PROPOSED GENERAL PLAN DESIGNATION MAP
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